COURT AND OTHER BODIES OF THE CONSTITUTIONAL CONTROL: "PRO" AND "CONTRA" (SUBJECTIVE NOTES)
Authors:
1.
Institut gosudarstva i prava Rossiyskoy akademii nauk
(glavnyy nauchnyy sotrudnik)
Russian Federation
Russian Federation
Type:
Article
Pages:
from 30
to 35
Status:
Published
Received:
13.06.2017
Accepted:
10.07.2017
Published:
10.07.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
constitutional control, bodies for the legal protection of the constitution, dignity and disadvantages.
Abstract (English):
This article discusses several types of non-specialized and specialized bodies, carrying out legal protection in the countries of the world of the constitution: the ordinary courts, constitutional courts. constitutional councils, specific authorities in some muslim countries, some other organs. Applying a multifaceted approach, content analysis of constitutions and laws governing the constitutional control, methods of analysis and synthesis. induction and deduction, techniques of comparative law, the author notes the existence of the pros and cons of the Institute of constitutional control in four areas: 1) in organizing such bodies (the formation and composition) in countries with different institutional forms of such Institute; 2) in the process of reviewing cases, including in a different composition of the judicial presence and forms of other meetings of the relevant bodies; 3) in the effectiveness of their decisions, including the situation, when such decisions are final and not subject to appeal, and order in individual countries when on-demand some higher state bodies (Parliament, Head of state) bodies of the constitutional control again examine the case and only then their decision is final; 4) the problematic issue of the relationship between the decisions of the bodies of the constitutional control and of laws of the Parliament when the law (part of it) is contrary to the Constitution and therefore does not apply, whereas it is believed that exactly Parliament. as a folk representation expresses the sovereignty of the people ((no such allegations against a constitutional control body). It is also referred to the importance of the decisions of the courts of general jurisdiction, if they come to the conclusion about contradiction of the Constitution of a provision of the law, applied by the Court in resolving the case, and of the procedure for further action, the pros and cons of such practices in Russia.
This article discusses several types of non-specialized and specialized bodies, carrying out legal protection in the countries of the world of the constitution: the ordinary courts, constitutional courts. constitutional councils, specific authorities in some muslim countries, some other organs. Applying a multifaceted approach, content analysis of constitutions and laws governing the constitutional control, methods of analysis and synthesis. induction and deduction, techniques of comparative law, the author notes the existence of the pros and cons of the Institute of constitutional control in four areas: 1) in organizing such bodies (the formation and composition) in countries with different institutional forms of such Institute; 2) in the process of reviewing cases, including in a different composition of the judicial presence and forms of other meetings of the relevant bodies; 3) in the effectiveness of their decisions, including the situation, when such decisions are final and not subject to appeal, and order in individual countries when on-demand some higher state bodies (Parliament, Head of state) bodies of the constitutional control again examine the case and only then their decision is final; 4) the problematic issue of the relationship between the decisions of the bodies of the constitutional control and of laws of the Parliament when the law (part of it) is contrary to the Constitution and therefore does not apply, whereas it is believed that exactly Parliament. as a folk representation expresses the sovereignty of the people ((no such allegations against a constitutional control body). It is also referred to the importance of the decisions of the courts of general jurisdiction, if they come to the conclusion about contradiction of the Constitution of a provision of the law, applied by the Court in resolving the case, and of the procedure for further action, the pros and cons of such practices in Russia.
Keywords:
constitutional control, bodies for the legal protection of the constitution, dignity and disadvantages.
constitutional control, bodies for the legal protection of the constitution, dignity and disadvantages.
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