Legal Continuity and Change: Two Russian Revolutions and Perestroika Through the Prism of Kelsen’s Grundnorm and Hart’s Secondary Rules

Anna Taitslin
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Anna Taitslin: University of New England

Chapter Chapter 16 in 30 Years since the Fall of the Berlin Wall, 2020, pp 353-404 from Palgrave Macmillan

Abstract: Abstract The chapter compares the post-revolutionary and the post-Soviet legal change, surveying more than a hundred of the relevant normative acts. Revolutionary legal change, following Kelsen, is defined as a break with the ‘basic norm’ (that is presupposed by any written or unwritten constitution). Both Revolutions of 1917 and the dissolution of the Soviet Union were instances of revolutionary legal change. The February Revolution largely retained the secondary rules of recognition and adjudication, while the October Revolution retained none. Perestroika started as an evolution, but ultimately the USSR was dismantled in breach of the Soviet basic norm, with the subsequent replacement of the soviet secondary rules.

Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:pal:palscp:978-981-15-0317-7_16

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DOI: 10.1007/978-981-15-0317-7_16

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