Sokolov, T. V. The Essence of Constitutional Proceedings in Terms of the Doctrine of Judicial Law

Abstract: The article is devoted to the essence of the constitutional judicial process (constitutional proceedings and constitutional justice). Views on constitutional proceedings existing in Russian legal literature are mostly concept defi nitions of the constitutional judicial proceedings than descriptions of the true essence of the constitutional proceedings in terms of philosophy and methodology. It is well known that defi nitions impoverish the essence and therefore the author sate the need for development of a new methodological approach to defi ning the essence of the constitutional judicial process. The methodological ground of this research is the doctrine of judicial law, i.e. the general (universal) legal theory of the judicial power and procedural law being restored at present moment. The author of the article offers an original methodological approach to defi ning the essence of the process. This approach involves a successive description of the nature, purpose, goals and tasks of this form of judicial proceedings. Based on the defi nition of the constitutional judicial law and the nature of the substantive law used in the constitutional proceedings, the author offers interpretations of the purpose, goal and tasks of the constitutional judicial process based on the aforesaid approach.

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