The Concept of the ‘Living Constitution’ in Russian Constitutional Theory and Practice
In: Review of Central and East European LawSearch for other papers by Caroline von Gall in
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Abstract
In discussing the concept of the ‘living constitution’ in Russian constitutional theory and practice, this paper shows that the Russian concept of the living constitution differs from U.S. or European approaches to evolutive interpretation. The Russian concept has its roots in Soviet and pre-revolutionary Russian constitutional thinking. It reduces the normative power of the Constitution but allows an interpretation according to changing social conditions and gives the legislator a broad margin of appreciation. Whereas the 1993 Russian constitutional reform had been regarded as a paradigm shift with the intention to break with the past by declaring that the Constitution shall have supreme judicial force and direct effect, the paper also gives answers to the complexity of constitutional change and legal transplants and the role of constitutional theory and practice for the functioning of the current authoritarian regime in Russia.
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The Concept of the ‘Living Constitution’ in Russian Constitutional Theory and Practice
In: Review of Central and East European LawSearch for other papers by Caroline von Gall in
Current site
Google Scholar
PubMed
Abstract
In discussing the concept of the ‘living constitution’ in Russian constitutional theory and practice, this paper shows that the Russian concept of the living constitution differs from U.S. or European approaches to evolutive interpretation. The Russian concept has its roots in Soviet and pre-revolutionary Russian constitutional thinking. It reduces the normative power of the Constitution but allows an interpretation according to changing social conditions and gives the legislator a broad margin of appreciation. Whereas the 1993 Russian constitutional reform had been regarded as a paradigm shift with the intention to break with the past by declaring that the Constitution shall have supreme judicial force and direct effect, the paper also gives answers to the complexity of constitutional change and legal transplants and the role of constitutional theory and practice for the functioning of the current authoritarian regime in Russia.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 892 | 148 | 25 |
| Full Text Views | 40 | 10 | 0 |
| PDF Views & Downloads | 93 | 25 | 2 |