Judging Russia: The Role of the Constitutional Court in by Alexei Trochev

By Alexei Trochev

This ebook is the 1st in-depth research of the particular position that the Russian Constitutional court docket performed in maintaining basic rights and resolving legislative-executive struggles and federalism disputes in either Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear technique with unintentional outcomes and that courts that depend upon their attractiveness flourish provided that an efficient and able nation is there to help them. it's because judges can count basically at the authoritativeness in their judgments, in contrast to politicians and bureaucrats, who've the cloth assets essential to reply to judicial judgements. Drawing upon systematic research of all judgements of the Russian courtroom (published and unpublished) and formerly unavailable fabrics on their (non-)implementation, and resting on a mix of the ways from comparative politics, legislation, and public management, this publication exhibits how and why judges tried to reform Russia's governance and fought to make sure compliance with their judgments.

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36 Jose Toharia, “Judicial Independence in an Authoritarian Regime: The Case of Contemporary Spain,” Law and Society Review, vol. 9, no. 3 (Spring 1975), pp. 475–496. 37 Tamir Moustafa, The Struggle for Constitutional Power. 38 William Wagner, “Tsarist Legal Policies at the End of the Nineteenth Century: A Study in Inconsistency,” Slavonic and East European Review, vol. 54, no. 3 (1976), pp. 371– 394. See also Peter H. , Reforming Justice in Russia: 1864–1994: Power, Culture and the Limits of Legal Order (Armonk, NY: M.

13 Bernard Rudden, “Civil Law, Civil Society, and the Russian Constitution,” The Law Quarterly Review, vol. 110, no. 1 (January 1994), pp. 56–84. 14 Peter H. , “Gorbachev’s Legal Revolution,” Canadian Business Law Journal, vol. 17, no. 2 (December 1990), pp. 184–194. 15 A few years later, in the mid-1990s, the same leaders revamped original constitutions to suit their momentary interests. And, at the beginning of the new millennium, post-Soviet constitution makers (in Kazakhstan, Ukraine, and Georgia) are still deliberating major constitutional reforms to suit their needs.

Which part is to prevail in this conscious judicial strategizing depends on the politico-legal context that surrounds the court, and on the aspirations of the judges. Chapters 6 and 7 focus on the third puzzle of judicial empowerment, namely, the struggle among judges, politicians, and bureaucrats over the implementation of constitutional court decisions. Both chapters assess and compare the real impact of constitutional review in the areas of separation-of-powers, federalism, and fundamental rights in the context of public distrust for the Russian judiciary.

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