Amendments to Russian Constitution and International Institutions Decisions
Eaeu Prospective
Bibliographic Data
| ID | 12339167 |
|---|---|
| Authors | Michel Verlaine (0000-0001-6269-5336, ICN Business School, corresponding author), Anna Shashkova (0000-0001-7545-4216, Moscow State Institute of International Relations), Ekaterina Kudryashova (0000-0002-7029-5794, The Institute of Legislation and Comparative Law under the Government of the Russian Federation) |
| Year | 2020 |
| Issue | 5 |
| Pages | 164-176 |
| Publication date | 2020-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Полис Политические исследования (JOURNAL) |
| Journal identifiers | ISSN: 1026-9487 • E-ISSN: 1684-0070 |
| Publisher | Political Studies (PUBLISHER • GB) |
| DOI | 10.17976/jpps/2020.05.12 |
| OpenAlex | W3088089997 |
| Language | EN |
| References cited | 15 |
The constitutional reforms in Russia are amongst the most significant news for Russia’s partners in international relations. The configuration of international law and Russian domestic legal order falls within the scope of the constitutional changes of 2020, and there is no chance that this change will be abandoned by the legislator. This particular amendment was not actively commented on during the nationwide discussion on the constitutional reform; it drew mostly experts’ attention. The article alleges that the constitutional amendment restricting the applicability of international case law in Russia is both a transient response to the instant political tension around Russia, and a formalization of the positivistic trend well established in domestic judicial practice. The positivistic trend is part of the process shaping Russia’s own approach to international law. The prospective amendment concerning international case law in the Constitution of the Russian Federation will not hinder the rules expressly stated in the treaties of the EAEU. However, the resolutions of the EAEU’s structures and institutions, including the case law of the Court of the EAEU, are likely to be scrutinized in a defensive way by Russian Constitutional court in situations extraordinary for the Russian State, ensuring their conformity with the unquestionable and unconditional supremacy of the Russian Constitution
Constitution · Constitutional court · International law · Legislation · Legislator · Municipal law · Political science · State (computer science · European and International Law Studies · Global Political and Economic Relations · Legal and Policy Issues · Law
| Citation velocity | historical |
|---|---|
| Highly cited | No |