Ideology in Modern Russian Constitutional Practice

The article focuses on Russian constitutional ideology with overview of its historical preconditions and analysis of recent significant cases of the Russian Constitutional Court. There is a discussion of gay activist Alekseyev’s case and “foreign agents’ law” case in constitutional practice as most...

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Main Author:	Yulia Rudt
Format:	Article
Language:	Polish
Published:	Lodz University Press 2019-12-01
Series:	Acta Universitatis Lodziensis Folia Iuridica
Subjects:	constitutional court constitutional reasoning formalism legal positivism russian constitution
Online Access:	https://czasopisma.uni.lodz.pl/Iuridica/article/view/6157

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spelling	doaj-49d8becda78b4e6c8d25a825d8df84d02020-11-25T00:51:40ZpolLodz University PressActa Universitatis Lodziensis Folia Iuridica0208-60692450-27822019-12-018916117710.18778/0208-6069.89.106157Ideology in Modern Russian Constitutional PracticeYulia Rudt0Novosibirsk State University, Russian Academy of National Economics and Public Administration (Siberian Institute of Management)The article focuses on Russian constitutional ideology with overview of its historical preconditions and analysis of recent significant cases of the Russian Constitutional Court. There is a discussion of gay activist Alekseyev’s case and “foreign agents’ law” case in constitutional practice as most significant examples of positivistic way of legal reasoning. The paper argues that legal positivism through its form – legal formalism is the main ideology in the modern constitutional practice in Russia. This ideology is based on the assumption that constitutional justice can find social truth. German positivistic and Soviet Marxist views have strongly determined the modern Russian constitutional discourse.https://czasopisma.uni.lodz.pl/Iuridica/article/view/6157constitutional courtconstitutional reasoningformalismlegal positivismrussian constitution
collection	DOAJ
language	Polish
format	Article
sources	DOAJ
author	Yulia Rudt
spellingShingle	Yulia Rudt Ideology in Modern Russian Constitutional Practice Acta Universitatis Lodziensis Folia Iuridica constitutional court constitutional reasoning formalism legal positivism russian constitution
author_facet	Yulia Rudt
author_sort	Yulia Rudt
title	Ideology in Modern Russian Constitutional Practice
title_short	Ideology in Modern Russian Constitutional Practice
title_full	Ideology in Modern Russian Constitutional Practice
title_fullStr	Ideology in Modern Russian Constitutional Practice
title_full_unstemmed	Ideology in Modern Russian Constitutional Practice
title_sort	ideology in modern russian constitutional practice
publisher	Lodz University Press
series	Acta Universitatis Lodziensis Folia Iuridica
issn	0208-6069 2450-2782
publishDate	2019-12-01
description	The article focuses on Russian constitutional ideology with overview of its historical preconditions and analysis of recent significant cases of the Russian Constitutional Court. There is a discussion of gay activist Alekseyev’s case and “foreign agents’ law” case in constitutional practice as most significant examples of positivistic way of legal reasoning. The paper argues that legal positivism through its form – legal formalism is the main ideology in the modern constitutional practice in Russia. This ideology is based on the assumption that constitutional justice can find social truth. German positivistic and Soviet Marxist views have strongly determined the modern Russian constitutional discourse.
topic	constitutional court constitutional reasoning formalism legal positivism russian constitution
url	https://czasopisma.uni.lodz.pl/Iuridica/article/view/6157
work_keys_str_mv	AT yuliarudt ideologyinmodernrussianconstitutionalpractice
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Ideology in Modern Russian Constitutional Practice

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