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Interpretation and Accommodation in the Russian Constitutional Court

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Chapter Summary

This chapter discusses how the constitutional text will be interpreted and applied by the Russian Constitutional Court in a very different political, legal and social situation. It analyzes the adjunctive strategy of the Russian Constitution in conjunction with its methods of interpretation. The use of discretion in the decision-making of a constitutional court should be circumscribed by certain guidelines and canons which in fact are universal. It would be fair to argue that four main types of interpretive argument are to be found on the international scene: textual arguments, systemic arguments, intentionalist arguments, and teleological arguments. The cases discussed in the chapter concerns four examples of constructivism; i.e., they appear to be an accommodation to present political and social reality and this accommodation is reflected in the interpretative strategy.

Keywords: constructivism; Russian Constitution; Russian Constitutional Court



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