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...
| Published in: | Acta Universitatis Lodziensis Folia Iuridica |
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| Main Author: | |
| Format: | Article |
| Language: | Polish |
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Lodz University Press
2019-12-01
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| Subjects: | |
| Online Access: | https://czasopisma.uni.lodz.pl/Iuridica/article/view/6157 |
| Summary: | 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. |
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| ISSN: | 0208-6069 2450-2782 |