Modern Russian Constitutionalism: Philosophical Conceptualisation in Light of Constitutional Justice

Аннотация

In accordance with the methodology of worldview legal pluralism, which derives from the combination of positivism and natural law, this article considers constitutionalism as a legal and philosophical category. One of the fundamental features of modern constitutionalism is constitutional justice. In this capacity, the Constitutional Court of Russia is not only the custodian, but also the reformer, of the Constitution, serving as a key factor in the development of the Russian constitutionalism. Building on this assumption, the article analyses the main developmental directions of judicial (“live”) constitutionalism as a qualitatively new political and legal regime of judicial protection of the Russian Constitution and the provision of the rule of law. Furthermore, it explores the normativedoctrinal meaning of decisions of the Constitutional Court.