In issue 1 on 2017 year
THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE NATIONAL AND SUPRANATIONAL SYSTEMS OF JURISDICTIONAL BODIES: COOPERATION AND COMPETITION
DOI: 10.17803/2313-5395.2017.1.7.002-027
Author: Nikolai S. Bondar
Rubric: RIGHT TO HEALTH AND SUSTAINABLE DEVELOPMENT
Annotation: The article considers some problems of cooperation between the Constitutional Court of the Russian Federation and other jurisdictional bodies at both national and supranational levels in the context of the author’s understanding of judicial constitutionalism.
The author enunciates constitutional paradoxes of constitutional justice that bring to light the place and role of the Сonstitutional
Court in the system of judicial bodies, the legal nature of the
Court’s decisions, and the character of its influence over practical
jurisprudence. Offering to assess modern European unifying
trends in the context of national-constitutional integration, the
author rests his idea on the fact that the grounds and framework
of implementation of European Сconventional requirements
must be determined with due regard to the unity of axiological
(value) principles of a national legal system associated with the
constitutional polyphony of a Conventional legal system that
monitoring mechanisms must be not only of subsidiary character
but also of consensual one. In view of that, the paper analyzes
processes of implementation of the ratio decidendi (rationale for the
decision) of the European Court of Human Rights into the judicial
practice of the Constitutional Court of the Russian Federation and
the ways of overcoming conflicts that emerge between them.
Open in fullscreen
Views with 01/12/2014: 3814
Keywords: Judiciary; Constitutional Court; general jurisdiction; interaction
Bibliography:
Link: