Book contents
- Frontmatter
- Contents
- List of Figures and Tables
- Acknowledgments
- Abbreviations
- Notes on Transliteration
- 1 Introduction: Three Puzzles of Postcommunist Judicial Empowerment
- 2 Nonlinear Judicial Empowerment
- 3 Making and Remaking Constitutional Review, Russian-Style
- 4 Russian Constitutional Review in Action (1990–1993)
- 5 Decision Making of the 2nd Russian Constitutional Court: 1995–2006
- 6 The Constitutional Court Has Ruled – What Next?
- 7 The 2nd Russian Constitutional Court (1995–2007): Problematique of Implementation
- 8 “Tinkering with Judicial Tenure” and “Wars of Courts” in Comparative Perspective
- 9 Conclusion: Zigzagging Judicial Power
- Appendix
- Bibliography
- Statutes and Decrees
- Court Decisions
- Index
7 - The 2nd Russian Constitutional Court (1995–2007): Problematique of Implementation
Published online by Cambridge University Press: 25 July 2009
- Frontmatter
- Contents
- List of Figures and Tables
- Acknowledgments
- Abbreviations
- Notes on Transliteration
- 1 Introduction: Three Puzzles of Postcommunist Judicial Empowerment
- 2 Nonlinear Judicial Empowerment
- 3 Making and Remaking Constitutional Review, Russian-Style
- 4 Russian Constitutional Review in Action (1990–1993)
- 5 Decision Making of the 2nd Russian Constitutional Court: 1995–2006
- 6 The Constitutional Court Has Ruled – What Next?
- 7 The 2nd Russian Constitutional Court (1995–2007): Problematique of Implementation
- 8 “Tinkering with Judicial Tenure” and “Wars of Courts” in Comparative Perspective
- 9 Conclusion: Zigzagging Judicial Power
- Appendix
- Bibliography
- Statutes and Decrees
- Court Decisions
- Index
Summary
Firing two or three officials from the executive branch for ignoring RCC decisions would greatly enhance the enforcement of laws in Russia.
– Chief Justice of the Russian Constitutional Court Vladimir TumanovWe have a well-established practice of sham compliance of other courts with the Constitutional Court decisions.
– Russian Constitutional Court Justice Tamara MorshchakovaMany Constitutional Court decisions containing orders to the legislature are not carried out or are carried out with long delays.
– Clerk of the Chief Justice of the Russian Constitutional Court Vladimir OvchinskiiUnlike its predecessor, the 2nd Russian Constitutional Court has focused its primary attention on developing generally applicable constitutional principles instead of resolving specific political disputes. Badly damaged by Yeltsin's suspension, the 2nd RCC initially turned its attention to individual rights rather than to serious political controversies at both the federal and the subnational levels. However, as I have shown in Chapter 5, the RCC became increasingly involved in the core of Russian politics under the first term of President Putin.
Before I discuss how and why the Court continued to face serious challenges in getting its judgments implemented, a caveat is in order. Recall from Chapter 5 that the 2nd Court has gone beyond the letter of the 1994 RCC Act by issuing various kinds of decisions. Several dozen of them do not annul a contested statute but, instead, contain a constitution-conforming interpretation of the statute.
- Type
- Chapter
- Information
- Judging RussiaThe Role of the Constitutional Court in Russian Politics 1990–2006, pp. 207 - 257Publisher: Cambridge University PressPrint publication year: 2008