宪法正义与民间社会寻求对话

Armen Dzhagaryan
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引用次数: 0

摘要

俄罗斯宪法司法正在经历一个深刻的改革阶段。无论是俄罗斯联邦宪法法院参与2020年宪法改革的性质,还是其内容本身和监管后果,都暴露出俄罗斯联邦宪法法院在国家法律体系中的身份存在严重的价值和制度危机。为了“加强俄罗斯联邦宪法法院的作用”而宣布的改革的主要载体本质上是专制的,而不是人文主义的范式,并导致将宪法正义整合到一个统一的公共权力系统的发展,而没有适当的法律威慑。值得注意的宪法正义认同危机反映了俄罗斯宪政的普遍问题,在很大程度上是一种根本性的沟通性宪法危机的产物和表现,即政府与公民社会之间未能建立宪法对话。与此同时,宪政正义不仅是这种交流的客体,而且应该作为其主要主体之一,它具有独特的极其重要的潜力,可以实现与公民社会的宪政对话的价值和实践,特别是在后社会主义条件下。宪法对话在现代意义上也体现了宪法司法本身的内容方面。在此背景下,本文既讨论了对宪法对话本身的理解及其对宪法正义的重要性的一般问题,也讨论了在俄罗斯现实中实施宪法-司法控制的对话模式的一些更具体的问题。无论如何,宪法司法具有独特的自我转变潜力,确定其进一步演变的方向是公民社会责任的一个重要领域,公民社会本身必须坚决组织宪法对话,而不是回避发起和坚持对话的尝试。
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Constitutional justice and civil society in search of dialogue
The Russian constitutional justice is going through a stage of deep reforming. Both the nature of the participation of the Constitutional Court of the Russian Federation in the constitutional reform of 2020, as well as the content itself and regulatory consequences have exposed a serious value and institutional crisis of the identity of the Constitutional Court of the Russian Federation in the State-legal system. The main vector of the reform declared in order to “strengthen the role of the Constitutional Court of the Russian Federation” is essentially resulted from the authoritarian, not humanistic paradigm, and leads to the development of the integration of constitutional justice into a unified system of public power remaining without proper legal deterrence. The noted crisis of the identity of the constitutional justice, which reflects the general problems of Russian constitutionalism, is to a large extent a product and expression of a fundamental communicative constitutional crisis, failures in establishing a constitutional dialogue between the government and civil society. At the same time, constitutional justice is not only the object of this communication with its defects and dysfunctions but should act as one of its main subjects, it has a unique extremely important potential for implementing the values and practices of constitutional dialogue with civil society, especially in the conditions of post-socialism. The constitutional dialogue also characterizes the content side of the constitutional justice itself in its modern understanding. In this context, the article discusses both general issues related to the understanding of constitutional dialogue itself and its importance for constitutional justice, as well as some more specific problems of implementing the dialogic model of constitutional-judicial control in Russian realities. Determining the direction of the further evolution of the constitutional justice, which has a unique potential for self-transformation, in any case, is an important area of responsibility of civil society, which itself must remain resolute in organizing the constitutional dialogue, not avoid attempts to initiate it and insist on it.
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