Alexei S. Kartsov
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Living memory and light of truth (Kryazhkov V.A., Mityukov M.A. History of constitutional justice in Russia)Moscow University Bulletin. Series 11. Law. 2023. 1. p.101-120read more264
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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.
Keywords: historical research, methodological and conceptual unity, the Constitutional Court of the Russian Federation, stages in the (pre)history of constitutional justice, nature of constitutional normative control, “politicization” phantom, preliminary normative control
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