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Cuestiones constitucionales

Print version ISSN 1405-9193

Abstract

YAKUNIN, Vladimir  and  ABRAMOVA, Marianna. Post-Soviet Political and Legal Transformations: Institutional Design of Constitutional Justice in the Commonwealth of Independent States (CIS). Cuest. Const. [online]. 2023, n.49, pp.3-35.  Epub Aug 05, 2023. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.49.18577.

After examining the manner in which constitutional justice bodies are formed in the Commonwealth of Independent States (CIS) and the scope of their powers, the author analyzes constitutional justice models of Moldova and Ukraine. These are later compared with the Russian model, with a focus on Russia’s 2020 constitutional reform. The author concludes by pointing out an innate contradiction in the institution of constitutional justice - the fact that it is, generally, extremely difficult to decouple it from the “political”. In the CIS countries the degree to which constitutional justice is entangled with politics is greater than anywhere else. This is explained by the conditions of political transit and the phenomenon of neopatrimonialism.

Keywords : Constitution; Constitutional Court; CIS; political transit; constitutional justice.

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