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This book is the first in-depth study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin’s and Putin’s Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia’s governance and fought to ensure compliance with their judgments.Read more
- Fascinating study, more detailed than other comparable works
- Interesting approach to understanding judicial power
- Rich investigation full of personal interviews with judges, lawyers and politicians
Reviews & endorsements
"The first detailed, systematic analysis of the post-Soviet Russian judiciary, this important work examines the rise of the Russian Constitutional Court (RCC) and its role in protecting rights and tackiling issues involving separation of powers and federalism....Highly Recommended."
--J.D. Gillespie, College of Charleston, CHOICESee more reviews
"The book makes a most valuable contribution to the study of Russian politics and law, and to the growing field of comparative judicial politics. It should be considered essential reading for those engaged in both fields."
--Russian Review [Volume 68 Issue 2 (April 2009), pp. 361-362]
"This authoritative book examines the “difficult childhood” of Russia’s Constitutional Court. It is a detailed, sophisticated, and valuable contribution to Russian area studies, comparative constitutionalism, and post-Soviet studies, not to mention Russian legal scholarship... Trial judges in some countries keep a “benchbook” close at hand that serves as an essential reference manual for them in their work. For scholars interested in questions of judicial politics, constitutionalism in postcommunist societies, and the many switchbacks on the Russian road away from Soviet justice (but into a great unknown), Trochev has written the benchbook."
--Slavic Review, Jeffrey Kahn, Southern Methodist University
"In Judging Russia, Professor Alexei Trochev offers the first comprehensive study of the emerging role of the Russian Constitutional Court and the political factors that drove both its creation and its gradually increasing influence.
--Harvard Law Review
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- Date Published: April 2008
- format: Hardback
- isbn: 9780521887434
- length: 384 pages
- dimensions: 229 x 152 x 25 mm
- weight: 0.68kg
- availability: Available
Table of Contents
1. Introduction: three puzzles of post-communist judicial empowerment
2. Non-linear judicial empowerment
3. Making and re-making constitutional review Russian-style
4. The Russian constitutional review in action (1990–3)
5. Decision-making of the 2nd Russian constitutional court:
6. The constitutional court has ruled … what next?
7. The 2nd Russian constitutional court (1995–2007): problematique of implementation
8. 'Tinkering' with judicial tenure and 'wars of courts' in comparative perspective.
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