Abstract
The Russian Constitution was adopted by a referendum on December 12, 1993. It was inspired by Western constitutional traditions and internationally recognised democratic and human rights values. The Constitution established three core features of the Russian constitutional order, all breaking with the Soviet past: •The Constitutional provisions on the foundations of the constitutional system, the protection of human rights, and constitutional review are unchangeable and cannot be amended, except via the summoning of a new Constitutional Assembly/national referendum (art. 135).•The Constitution established a strongly monist approach to international law, integrating it into the Russian legal order and giving priority to duly ratified international treaties and agreements to override conflicting domestic laws (art. 15(4)).•The Russian Constitutional Court enjoys exclusive competence to interpret the Constitution via binding precedents.
Highlights
The Russian Constitution was adopted by a referendum on December 12, 1993
The new wording of Article 125 § 5bis b allows the Constitutional Court to consider the compatibility of binding acts of the European Court of Human Rights (ECtHR), the Eurasian Economic Union, and the Union State of Russia and Belarus’s institutions, with the Russian Constitution of 1993
Even though the Venice Commission criticized the latter amendments to Article 79 of the Russian Constitution and called for changing it in a more pragmatic way, the Venice Commission did not find direct violations of Russia’s commitments under the European Convention on Human Rights (ECHR) provisions therein.[30]
Summary
The Russian Constitution was adopted by a referendum on December 12, 1993. It was inspired by Western constitutional traditions and internationally recognised democratic and human rights values.[1]. The Constitutional Court opined that this approach is attuned to the practice established in other countries and must be based on the ideas of non-self-isolationism, mutual respect, and dialogue between different human rights protection systems It is implied in the dialogical ideal of the rule of law, which implies that the Russian Constitutional Court possesses the exclusive competence to question the constitutionality of the execution and enforcement of ECtHR judgments within the Russian legal system.[22]. Much will depend on the progress of the political process of ensuring compliance at the Council of Europe level—the position of other members as well as the bodies of the organization: a national court decision obviously does not make the judgment of the ECtHR less binding.[29]
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