Abstract
This chapter 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) | 97-137 |
| Number of pages | 41 |
| Journal | Soviet and Post-Soviet Politics and Society |
| Volume | 208 |
| Publication status | Published - Jan 1 2019 |
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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
- History
- Sociology and Political Science
- Political Science and International Relations
Cite this
Authoritarian constitutionalism in putin’s russia : A pragmatic constitutional court in a dual state. / Trochev, Alexei; Solomon, Peter H.
In: Soviet and Post-Soviet Politics and Society, Vol. 208, 01.01.2019, p. 97-137.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 - 2019/1/1
Y1 - 2019/1/1
N2 - This chapter 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 chapter 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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VL - 208
SP - 97
EP - 137
JO - Soviet and Post-Soviet Politics and Society
JF - Soviet and Post-Soviet Politics and Society
SN - 1614-3515
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