1999 Fiscal Year Final Research Report Summary
Constitutionalism and Constitutional Court in Russia
| Project/Area Number |
10620025
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Gifu University (1999)
Tokyo Metropolitan College (1998) |
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Principal Investigator |
TAKEMORI Masataka Gifu University, Faculty of Regional Studies, Professor, 地域科学部, 教授 (90111062)
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| Project Period (FY) |
1998 – 1999
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| Keywords | Constitutionalism / Constitutional Court / Human Rights / Local Autonomy / Federalism / Transitional Countries / Russia |
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| Research Abstract |
After the enactment of New Russian Constitution in 1993, the Constitutional Court, of Russian Federation has achieved big roles for establishment of Constitutionalism in Russia. Especially, in fields of adaptation of Constitutions or Charters of Federal Republics and Provinces in Russian Federation toward Federal Constitution, Human Rights, Local Autonomy and so on, roles of the Constitutional Court was and now is very important.
On this project, I studied judgments and decisions of Constitutional Court of Russian Federation in these fields. I think that its basic roles in these days are (1) function as defense of Political and Social System, (2) function as formation of Political order in Transitional process, (3) function as legitimatization and justification of policies of the present Government in Russia. But in Russia President has special big position in Political Arena and in the relations between powers. Constitutional Court also can not have independent position against President, and acts as his supporter in legal system.
Then I suppose Russia did not establish Constitutionalism in Russia yet.
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