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7 - The 2nd Russian Constitutional Court (1995–2007): Problematique of Implementation

Published online by Cambridge University Press:  25 July 2009

Alexei Trochev
Affiliation:
Queen's University, Ontario
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Summary

Firing two or three officials from the executive branch for ignoring RCC decisions would greatly enhance the enforcement of laws in Russia.

– Chief Justice of the Russian Constitutional Court Vladimir Tumanov

We have a well-established practice of sham compliance of other courts with the Constitutional Court decisions.

– Russian Constitutional Court Justice Tamara Morshchakova

Many Constitutional Court decisions containing orders to the legislature are not carried out or are carried out with long delays.

– Clerk of the Chief Justice of the Russian Constitutional Court Vladimir Ovchinskii

Unlike its predecessor, the 2nd Russian Constitutional Court has focused its primary attention on developing generally applicable constitutional principles instead of resolving specific political disputes. Badly damaged by Yeltsin's suspension, the 2nd RCC initially turned its attention to individual rights rather than to serious political controversies at both the federal and the subnational levels. However, as I have shown in Chapter 5, the RCC became increasingly involved in the core of Russian politics under the first term of President Putin.

Before I discuss how and why the Court continued to face serious challenges in getting its judgments implemented, a caveat is in order. Recall from Chapter 5 that the 2nd Court has gone beyond the letter of the 1994 RCC Act by issuing various kinds of decisions. Several dozen of them do not annul a contested statute but, instead, contain a constitution-conforming interpretation of the statute.

Type
Chapter
Information
Judging Russia
The Role of the Constitutional Court in Russian Politics 1990–2006
, pp. 207 - 257
Publisher: Cambridge University Press
Print publication year: 2008

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