
The Establishment of the Phenomenon of Constitutional Cassation in the National Constitutional Judicial Procedure
Author(s) -
Nikolay A. Taraban
Publication year - 2020
Publication title -
rossijskij sudʹâ
Language(s) - English
Resource type - Journals
ISSN - 1812-3791
DOI - 10.18572/1812-3791-2020-10-51-55
Subject(s) - law , political science , constitutional court , constitution , constitutional economics , appeal , legislator , compromise , russian federation , sociology , legislation , regional science
The article explores the phenomenon of ‘constitutional cassation’ in the transformation of domestic constitutional proceedings. By ‘constitutional cassation’ is meant the assessment by the Constitutional Court of the Russian Federation of the correct interpretation of laws and other legal acts in their constitutional sense in resolving specific cases, without recognizing the laws themselves as unconstitutional. The author notes that the Constitutional Court of the Russian Federation, pursuing constitutionally significant goals to protect the supremacy of the Constitution of the Russian Federation, to ensure justice of individual rights and freedoms, is increasingly forced to resort to ‘constitutional cassation’. The constitutional cassation is considered by the author as a compromise of the positions of the federal legislator and the author of the constitutional appeal.