The nature of decisions of constitutional courts on the constitutional provisions interpretation
Автор: Khudoley K.M.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Конституционное, муниципальное и финансовое право
Статья в выпуске: 2 (16), 2012 года.
Бесплатный доступ
Decisions of the constitutional and statutory courts on interpretation of the constitutional positions are phenomena of the Russian legal system though the institute of the constitutional control has arisen in Russia more 20 years ago. The nature of these decisions is not unequivocal in the Russian jurisprudence. In given article the author has tried to study the difficult nature of decisions of the constitutional and statutory courts about interpretation of the constitutional positions. The author analyzes positions of the federal and regional legislation and practice of the constitutional (statutory) justice, and also various positions of the Russian jurisprudence are considered. The conclusion becomes, that the nature of decisions of the constitutional and statutory courts about constitutions or statutes interpretation differs by nature normative acts and individual acts. In article following intrinsic properties of decisions on interpretation of the constitutional positions − their standard character, the derivative nature in relation to the interpreted acts are investigated, and also precedent of interpretation of the constitution or the statute is investigated. The author the conclusion that decisions of the constitutional courts on constitutions and statutes interpretation are special derivative sources of a constitutional law of Russia becomes. The author in article attempts to define a place of decisions of the constitutional and statutory courts about interpretation of the constitutional positions among sources of a constitutional law of Russia is made. The author has analysed a validity of decisions of the constitutional and statutory courts about interpretation of the constitutional positions and has come to conclusion, that on the validity, action sphere the given acts are equal to interpreted constitutions and statutes, that is possess the higher validity.
Interpretation of the constitution, interpretation of the constitutional positions, constitutional court, the constitutional and statutory courts, the act of interpretation of the constitution, the nature of acts of interpretation, the decisions of the constitutional courts, the interpretation precedent, derivative character of acts of interpretation, source of law, standard character of acts of interpretation
Короткий адрес: https://sciup.org/147202158
IDR: 147202158