Scholarly record
THE CONSTITUTIONAL PURPOSES, VALUES AND CONCERNS OF MODERN CONSTITUTIONAL LAW OF RUSSIA
Abstract
The article is devoted to the issues of constitutional goals definition and constitutional values in the sphere of public power organization in modern Russia. The authors note the special role and importance of the Constitutional Court of the Russian Federation in determining constitutional goals and values and reflect on how effectively the Constitutional Court manages the mission of the determinant of goals and the creator of values. Also, the authors tried to understand the issues, including: the necessity and admissibility of adjusting the state mechanism and determining the proportionality of such adjustment to constitutional objectives; the definition of criteria that should be used as the basis for measuring the proportionality of elected mechanisms; determine the criteria for assessing the effectiveness of different mechanism for the organization of state power. The solution of these issues is connected with the definition of constitutional values. The abundance of values produced by the Constitutional Court and the federal legislator leads to their devaluation and turns them into pseudo-values. In this regard, the article makes an attempt to determine the true constitutional values, the meaning and significance of which could not be arbitrarily changed in order to adapt to a particular situation or because of any momentary political considerations.
Publication Impact Profile
Publication details
References6
Avakyan S.A. Constitutional and legal problems of the model of organization of power in the Russian Federation // Modern problems of the organization of public power. Collective monograph / Authors of the SA. Avakyan - M., Justicinform, 2014. P.58-114.
Bondar NS Axiology of judicial constitutionalism: constitutional values in theory and the practice of constitutional justice. M .: Lawyer, 2013.
Troitskaya A.A. Constitutionalism: Development Prospects in Russia // Constitutional and Municipal Law. 2013, No. 6. P. 21-27.
Shayo A. Constitutional values in theory and jurisprudence. Introduction // Constitutional values in theory and jurisprudence. Collection of reports. M .: Institute of law and public policy, 2009. С.7-10.
Luisa Fernandez Esteba. Constitutional values and principles in the Community Legal Order // The Maastricht Journal of European and Comparative Law.1995/2
Gary Jeffrey Jacobson. Constitutional values and principles// The Oxford Handbook of comparative constitutional law. Edited by Michel Rosenfeld and András Sajó. 2012
View or Download full articleAccess options
SWS access login
Login as SWS Scientific CommitteeLogin as SWS Scientific PartnerLogin as SWS AuthorAuthors and approved SWS contributors will read and export their own linked papers after identity matching by SWS profile, email and SGEM GlobalID.
For librarian assistance: [email protected]
Purchase Instant Access
- Article can be downloaded after successful payment.
- Article may be used according to SWS library access terms.
- Article cannot be redistributed.
