The fall of constitutional bases?

Abstract: The article includes analysis of the article by the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin “The limit to flexibility” as it was published in the “Russian Newspaper”, and which formed the basis for the speech at the XIII International Forum on Constitutional Justice. The author criticize the idea to form a “protective mechanism” from implementation of the Decisions of the ECHR, which, in the opinion of the Chairman of the Constitutional Court of the Russian Federation, touch upon the national sovereignty and basic constitutional principles. The motivation for the “limits to flexibility” by the priority position of the branches of power, namely the Constitutional Court of the Russian Federation and by comparing the “public interest” with the international courts, threatens us with the violation of international legal obligations of Russia and with the fall of the constitutional bases.

Keywords:

jurisprudence, ECHR, the Constitutional Court of the Russian Federation, the priority of the international convention, implementation of the ECRH decisions, national sovereignty, limit to flexibility, Konstantin Markin v. Russia, discrimination, right to family life

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The article is published in the version approved by the reviewers (after receiving a positive review recommending the manuscript for publication) with corrections made by the author (after receiving the editor’s comments, if any).
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