By Alexei Trochev
ISBN-10: 0511396848
ISBN-13: 9780511396847
ISBN-10: 0521887437
ISBN-13: 9780521887434
This e-book is the 1st in-depth learn of the particular position that the Russian Constitutional courtroom performed in conserving primary rights and resolving legislative-executive struggles and federalism disputes in either Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear procedure with accidental effects and that courts that depend upon their recognition flourish provided that an efficient and able country is there to aid them. the reason is, judges can depend purely at the authoritativeness in their judgments, in contrast to politicians and bureaucrats, who've the cloth assets essential to reply to judicial judgements. Drawing upon systematic research of all judgements of the Russian courtroom (published and unpublished) and formerly unavailable fabrics on their (non-)implementation, and resting on a mixture of the techniques from comparative politics, legislation, and public management, this e-book indicates how and why judges tried to reform Russia's governance and fought to make sure compliance with their judgments.
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Extra resources for Judging Russia: Constitutional Court in Russian Politics, 1990-2006
Example text
56, no. 3 (Fall 2003), pp. 694–695. ”27 Therefore, constitutional courts are strong when they have enough legitimate authority to compel public officials to rewrite statutes or to change their practices of governance. When courts lack such legitimacy, they rarely overrule government policies (high rates of compliance) or officials comply only with favorable judgments (low rates of compliance). These kinds of perceptions (judicial apolitical decision making and voluntary compliance) are ideal types of attitudes to enhance the legitimacy of judicial power.
This is, of course, where politics, or the authoritative allocation of values, comes into the picture. Political aspects of judicial decision making are most visible in the exercise of judicial discretion. How courts use these powers, what kinds of cases they choose to hear, and what kinds of decisions they issue – all of these are politically charged questions. The answers to these questions depend on the bias in constitutional rules, judicial preferences, the balance of political forces, and public attitudes.
Martin’s Press, 1999). 52 Thus, building a new legal hierarchy in a new state is even more daunting because it aims at the construction and maintenance of power within the governance structure. Yet we know little of the actual role of courts in state formation. ”53 My study aims to fill this void and to examine how a federal constitutional court attempted to compel other powerholders to respect its vision of building Russia as a modern state. In summary, what happens after the constitutional court issues an antigovernment decision depends on the authoritativeness of the judgment and of the court itself in the “power map” of a polity.
Judging Russia: Constitutional Court in Russian Politics, 1990-2006 by Alexei Trochev
by Daniel
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