![Sample our Area Studies journals, sign in here to start your access, latest two full volumes FREE to you for 14 days]({"type":"image" , "src" : "/sda/5922/TOC-Subject-Sample-2021-Area-Studies.jpg"})
Abstract
The picture which is usually given of the Soviet Union, particularly in Western Countries, is that of a Communist Party dictatorship. However, on perusal of the Constitution (Fundamental Law) of the Union of Soviet Socialist Republics one finds it a document which adheres strictly to the doctrine of separation of powers. The Constitution says almost nothing of the role of the Communist Party in governmental functions.
And yet, in reality this Constitution (as is the case in all Socialist Constitutions) is a document entirely conceived by the Communist Party and, as a general principle of Socialist Law, the provisions of the Constitution are not binding on the Communist Party as the latter plays a special role in Soviet Governmental affairs.
An analysis of the Constitution and of the rules of the Communist Party reveals that the real source of the law of the USSR is not the organs of state (as the Constitution seems to suggest) but the Communist Party.