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September 12, 2025Law Journal of the Higher School of Economics0 citations

Modern Russian Constitutionalism: Philosophical Conceptualisation in Light of Constitutional Justice

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NBNataliia Bondar

Key Points

  • Constitutional justice serves as a fundamental feature of modern constitutionalism, influencing legal interpretations.
  • The Constitutional Court is portrayed as a reformer of the Constitution, significantly shaping Russian constitutionalism.
  • This analysis adopts a worldview legal pluralism methodology, intertwining aspects of positivism and natural law.
  • The research highlights the importance of judicial constitutionalism in ensuring the rule of law amid evolving political environments.

Abstract

In accordance with the methodology of worldview legal pluralism, which derives from the combination of positivism and natural law, this article considers constitutionalism as a legal and philosophical category. One of the fundamental features of modern constitutionalism is constitutional justice. In this capacity, the Constitutional Court of Russia is not only the custodian, but also the reformer, of the Constitution, serving as a key factor in the development of the Russian constitutionalism. Building on this assumption, the article analyses the main developmental directions of judicial (“live”) constitutionalism as a qualitatively new political and legal regime of judicial protection of the Russian Constitution and the provision of the rule of law. Furthermore, it explores the normativedoctrinal meaning of decisions of the Constitutional Court.

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Cite This Study

Nataliia Bondar (2012) studied this question.

synapsesocial.com/papers/68d4765531b076d99fa6ecffhttps://doi.org/10.17323/2072-8166.2012.5.25.38
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