Abstract
This article analyzes the successful adaptation of the Russian Constitutional Court (RCC) to an increasingly authoritarian regime under President Vladimir Putin. It argues that the key to its success lay in its pragmatic approach, whereby the Court decides cases that matter to the regime in a politically expedient way, while giving priority to legal and constitutional considerations in other cases, thereby recognizing the reality of a dual state. Over the years the RCC has taken a pragmatic approach in its reaction to changes in the rules of its operations, in its personnel, and in the policies of the popular political leader, including reducing the country's subordination of European legal norms. In so doing, the Court and its skillful chairman Valerii Zorkin achieved considerable autonomy in pursuing its own legal vision on many issues and even improved the implementation of its decisions by other judges and political bodies alike (previously a big problem). In short, the RCC developed its own version of “authoritarian constitutionalism”, which may serve as a model for constitutional judicial bodies in other authoritarian states.
| Original language | English |
|---|---|
| Pages (from-to) | 201-214 |
| Number of pages | 14 |
| Journal | Communist and Post-Communist Studies |
| Volume | 51 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - Sep 1 2018 |
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Keywords
- Authoritarian constitutionalism
- Constitutional Court of the Russian Federation
- Constitutional courts
- Courts in Russia
- Dual state
- Judicial pragmatism
- Valerii Zorkin
ASJC Scopus subject areas
- Development
- Sociology and Political Science
Cite this
Authoritarian constitutionalism in Putin's Russia : A pragmatic constitutional court in a dual state. / Trochev, Alexei; Solomon, Peter H.
In: Communist and Post-Communist Studies, Vol. 51, No. 3, 01.09.2018, p. 201-214.Research output: Contribution to journal › Article
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TY - JOUR
T1 - Authoritarian constitutionalism in Putin's Russia
T2 - A pragmatic constitutional court in a dual state
AU - Trochev, Alexei
AU - Solomon, Peter H.
PY - 2018/9/1
Y1 - 2018/9/1
N2 - This article analyzes the successful adaptation of the Russian Constitutional Court (RCC) to an increasingly authoritarian regime under President Vladimir Putin. It argues that the key to its success lay in its pragmatic approach, whereby the Court decides cases that matter to the regime in a politically expedient way, while giving priority to legal and constitutional considerations in other cases, thereby recognizing the reality of a dual state. Over the years the RCC has taken a pragmatic approach in its reaction to changes in the rules of its operations, in its personnel, and in the policies of the popular political leader, including reducing the country's subordination of European legal norms. In so doing, the Court and its skillful chairman Valerii Zorkin achieved considerable autonomy in pursuing its own legal vision on many issues and even improved the implementation of its decisions by other judges and political bodies alike (previously a big problem). In short, the RCC developed its own version of “authoritarian constitutionalism”, which may serve as a model for constitutional judicial bodies in other authoritarian states.
AB - This article analyzes the successful adaptation of the Russian Constitutional Court (RCC) to an increasingly authoritarian regime under President Vladimir Putin. It argues that the key to its success lay in its pragmatic approach, whereby the Court decides cases that matter to the regime in a politically expedient way, while giving priority to legal and constitutional considerations in other cases, thereby recognizing the reality of a dual state. Over the years the RCC has taken a pragmatic approach in its reaction to changes in the rules of its operations, in its personnel, and in the policies of the popular political leader, including reducing the country's subordination of European legal norms. In so doing, the Court and its skillful chairman Valerii Zorkin achieved considerable autonomy in pursuing its own legal vision on many issues and even improved the implementation of its decisions by other judges and political bodies alike (previously a big problem). In short, the RCC developed its own version of “authoritarian constitutionalism”, which may serve as a model for constitutional judicial bodies in other authoritarian states.
KW - Authoritarian constitutionalism
KW - Constitutional Court of the Russian Federation
KW - Constitutional courts
KW - Courts in Russia
KW - Dual state
KW - Judicial pragmatism
KW - Valerii Zorkin
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U2 - 10.1016/j.postcomstud.2018.06.002
DO - 10.1016/j.postcomstud.2018.06.002
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AN - SCOPUS:85052062488
VL - 51
SP - 201
EP - 214
JO - Communist and Post-Communist Studies
JF - Communist and Post-Communist Studies
SN - 0967-067X
IS - 3
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