Living memory and light of truth (Kryazhkov V.A., Mityukov M.A. History of constitutional justice in Russia)

Abstract

The paper highlights the publication of the first comprehensive edition on the history of domestic consitutional justice. An attempt to reconstruct the prehistory of domestic constitutional normative control supported by a profound source base is one of the values of the retrospection section (until 2001). The paper marks two opposite interpretations of constitutional control — constitutional (value-based) and functional (pragmatic). The ambivalent understanding of the nature of constitutional jurisdiction results in groundless, both conceptually and empirically, reproaches of constitutional justice for politicization. The chapters on the current stage provide both less properly justified and contradictory theses than those expressed in retrospection section chapters. Lack of strength of the expressed arguments adversely affect the methodological integrity and conceptual unity of the entire text.

References

1. Blankenagel, A. (1996). “Childhood, adolescence, youth” of the Russian Constitutional Court. Moscow (in Russ.).

2. Borodin, S.V. and Kudryavtsev, V.N. (2001) On the judiciary in Russia. State and Law, 10, pp. 21–27 (in Russ.).

3. Kryazhkova, O.N. (2019). Russian Constitutional Court: is it time to put an end to its history? Comparative constitutional review, 4 (131), pp. 56–67 (in Russ.).

4. Mityukov, M.A. (2010). The Supreme Court as one of the options for the institutionalization of the protection of the Constitution in the political and legal views of the 50–90s. 20th century. History. Right. Policy, 1. pp. 61–69 (in Russ.).

5. Mityukov, M.A. (2019). Constitutional justice at the first stage of development (to the historiography of the issue from the perspective of a constitutionalist). Constitutional and municipal law, 2, pp. 68–69 (in Russ.).

6. Troitskaya, A.A. and Khramova, T.M. (2022). Constitutional justice in Russia: looking through time (Kryazhkov, V.A., Mityukov M . A . History of constitutional justice in Russia). Moscow University Bulletin. Series 11. Law, 4, pp. 121–128 (in Russ.).

7. Sachkov, A.N. (2015). A new national model of the judiciary. Magistrate, 8, pp. 3–8 (in Russ.).

8. Stuchka, P. (1923). Thoughts on our justice. Weekly Soviet Justice, 14, pp. 313–315 (in Russ.).

9. Shakhrai, S.M. (2013). Unknown constitution = constitutio incognita. Moscow (in Russ.).