THE CONSTITUTIONAL (CHARTER) COURTS PRACTICE IN RUSSIAN FEDERATION: SEARCHING A BALANCE BETWEEN CONSTITUTIONAL VALUES

Year: 
2016

Article:

Issue: 
4

Author(s): 
Rudt Yulia
Abstract: 

The aim of the article is to identify some general trends in applying the axiological interpretation by regional constitutional (charter) courts in Russia. The author gives an overview of the regional constitutional (charter) courts judgments in terms of using such categories as «constitutional value», «balance of the constitutional values». Firstly, not all of the courts use these axiological categories. Secondly, in their judgments, there are usually references to the practice of the RF Constitutional Court that always formulates its own understanding of constitutional values and their balance. Thirdly, there are examples of the absence of logic in a relation between federal and regional constitutional values. In conclusion, the author calls for deepening the connection between the RF Constitutional Court and regional constitutional (charter) courts in developing the axiological constitutional interpretation.

Key words: 

constitutional justice, constitutional values, judgment, constitutional interpretation

Text of the article: 
English