Kathryn Hendley, Assessing the Rule of Law in Russia, 14 Cardozo J. Int'l & Comp. L. 347 (2006).
Abstract
The mainstream scholarly literature and the mass media agree that Russia has made little progress in moving toward the "rule of law." Their negative assessment of the value of law in Russia is buttressed by a recent series of high-profile cases in which the results were clearly manipulated by the Kremlin. This article argues that such cases are aberrations and should not be viewed as reflective of the capacity of the Russian legal system. It documents the profound institutional reforms undertaken over the past two decades. Judged on those terms, it has surely moved closer to the ideal of the "rule of law." But law does not exist merely on paper. It becomes meaningful only when put into action. Whether Russia's legal culture has undergone as much of a radical change as its institutional structure is a trickier question. The increased willingness of individuals and firms to submit their disputes to the courts would seem to be a good sign, but is undercut by the lack of trust in the courts, as reported by pollsters. The article lays out all of the relevant evidence, and argues that the current system of indexing the "rule of law" fails to capture reality, not just in Russia, but elsewhere. A new agenda for researching "rule of law" potential and reality is explored.
Public Note
Additional bibliographic information:
Hendley, K. (2006). Assessing the Rule of Law in Russia. Cardozo Journal of International & Comparative Law, 14(2), 347-391.
