HOW DO YOU SLAY A DRAGON?

It’s essential to add that even the best format cannot alter the need for the correct content. Even the optimum parliament, which represents the political will of civil society and where there’s the perfect balance of social and expert opinion, is no guarantee that its laws will be just (although without the parliament they certainly won’t be just). These laws must meet certain criteria; that is, they should be built on certain principles that are based neither on time nor territory.

These principles are literally political axioms, that are accepted a priori  by liberal democracy, like a faith.

Paradoxically, it doesn’t matter whether they’re written in the Constitution, carved in granite, or exist merely in the minds of citizens. There are countries that don’t have a written constitution but in which these principles are closely adhered to. Yet there are other countries that have detailed constitutions and have these principles written down for every eventuality of life, yet none of them are kept. What matters is not what’s written or where it’s written, but what people consider to be vital.

In my view, one of these basic principles is the idea of freedom. This isn’t surprising. After all, in its own way the law is a measure of freedom. This concept of the law developed as a result of the marriage of the traditions of Western antiquity (from the Greeks and the Romans), and from Christianity. We can extend this to say that herein lies the basis of Europeanism and the modern age.

If we consider our ability to accept such a concept of the law and of just laws we can judge whether Russia is ready to be a European country. All other indicators are less relevant or indicative.

In order to understand whether a particular law is just or not, it must be examined under this political microscope. And whatever formal relationship or coincidence of language there may be with any other law, this is not proof of whether or not a law is just. It’s especially important to stress this, bearing in mind the Kremlin’s habit of pointing to international practice and covering up its despotism by the decisions of the Constitutional Court, which it’s made impotent.

Indeed, laws are passed about gatherings, about extremism, about showing disrespect to the authorities or about mass unrest, on pre-trial agreements with the investigators, on summary proceedings in criminal cases and so forth. We constantly hear how in Russia everything’s the same “over there” as it is “here”; it’s even far better “here”.

Yes, if we’re talking about the way laws are drawn up then we have a lot in common. But here’s the rub: the same way of doing things works differently in different political situations and produces different results. This proves just one thing: comparing the way systems work doesn’t work. We have to look more closely at the details.

In each and every case we have to consider the actual economic and socio-political situation, and ask whether a particular law defends the rights and freedoms of the individual or not.

And it’s not as easy to do this as many seem to think. The principle of freedom is often contrary to other principles and values that are guaranteed by the Constitution. For example, freedom of procession and assembly clearly restrict the rights of those who have no intention of processing or assembling and who just want to have a quiet and tasty meal in a café on the same boulevard. This is a genuine contradiction. So what can we do?

We could decide in favour of those who are taking part in the procession, who are clearly in the minority; or we could rule in favour of those who want to relax in a normal manner; they’re clearly the majority. The Russian authorities decide this in a contradictory fashion, of course, to their own advantage, but in doing so support the majority, who always want to eat. Thus the laws on gatherings in Russia are really just like those in Europe; but in reality they operate in the mythical land of Asiope.

This is because a conflict shouldn’t be decided in favour simply of the majority or the minority, but in favour of freedom as a stand-alone value. In this particular case, the question should be decided in such a way that the freedom of political action is defended.

It is only a law that has this as its basis that can be considered just.

It’s interesting to note that in the years that Putin’s been in power, Russia has undoubtedly distanced itself from Europe and moved closer to Asiope. Some adherents of the dictatorship of the law have even gone so far as to propose revising the hierarchy of the branches of legislation that have been generally accepted since Soviet times, arguing that at the top of the pyramid we should have not constitutional, but criminal law. This, of course, is another loyalist stupidity, but at the same time it is very indicative.

These are the people who say “the law” and mean “autocracy”. And when they talk about “autocracy” they have in mind “the law”.