The Role of the Practice of the Constitutional Court of the Russian Fede­ration in the Development of Constitutionalism

Abstract

The study conducted a systematic analysis of both the domestic doctrine and the practice of the Constitutional Court of the Russian Federation in the field of development of constitutionalism is carried out. The paper notes that for the constitutionalization of the national legal system, the rules identified by the body of constitutional control, which guide the legislator when adopting a law, become essential. The practice developed by the Constitutional Court contributes to the adoption of a constitutional and balanced decision when checking the compliance of the law with the constitutional provisions. The legal position contained in the decision of the Constitutional Court of the Russian Federation becomes the basis for future legal regulation. It is a guideline in the legislative process and in the activities of all public authorities and local self-government. The methodological basis of the research is the dialectical method of scientific knowledge, as well as logical, historical, systemic methods. Of particular importance were the methods of analysis and synthesis. We applied a functional method to study the main directions for ensuring a reasonable balance of private (individual) and public interests. The study revealed that the legal positions of the Constitutional Court are based on the analysis of universal provisions that characterize the basic constitutional values. The Constitutional Court carries out a broad interpretation of the norms being checked, explaining to the law enforcer that their content is not limited to the literal meaning. In the scientific literature, the potential of the body of constitutional control has been understood in terms of reforming legislation and adjusting law enforcement practice, as well as features of the implementation of functions to ensure the constitutionality of all acts and actions. At the same time, the boundaries of the implementation of constitutional control practice do not allow going beyond the framework of legal protection and protection of the constitution, since in this activity the body of constitutional control is guided only by constitutional norms and determines the constitutionally permissible boundaries for the application of the verified normative legal acts.