CEU Electronic Theses and Dissertations, 2020
| Author | Mkhatvari, Mariam |
|---|---|
| Title | The Strategies of the Subdued Constitutional Courts for Advancing the Goals of the Rulers (Russian, Kyrgyz, and Georgian Stories) |
| Summary | The research aimed to identify the strategies of already subdued constitutional justice institutions for advancing the goals of the political leadership based on the jurisprudence of Russian, Kyrgyz, and Georgian Constitutional Courts/Chamber. The recent decisions of the Russian Constitutional Court (hereafter RCC) have revealed that under the "pragmatic" approach, the RCC is ready to put Putin's political objectives above the text of the Constitution. At the same time, the RCC regularly makes quite progressive decisions regarding individual rights complaints, which helped the RCC create the image of credible institutions before society. The credibility of RCC can be beneficial also for Putin's regime. The recent judgments of the Kyrgyz Constitutional Chamber suggest that it is actively pursuing the interests of the political leadership and is able to do so through constitutional interpretations tailored to the interests of the regime. Unlike Russia, the Kyrgyz Constitutional Chamber has not been able to find a legal area in which the Chamber would be more autonomous. The attempt of political leadership to use the Constitutional Chamber's performance as Russia does in the nearest future will not be surprising. Unlike Russia and Kyrgyzstan, the Georgian Constitutional Court (hereafter GCC) plays a passive role in the advancing of the ruler's objectives. It avoids deciding cases of high political interest through stretching the time. Similar to Russia, GCC found a legal area where it was enabled to render comparably progressive decisions. The credibility obtained through these judgments may be used by the GCC itself and political leadership to demonstrate the independence of that institution before domestic actors and international partners. The GCC's future strategy will largely depend on who will occupy the position of chairman of the Constitutional Court from the summer of 2020. |
| Supervisor | Uitz, Renata |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2020/mkhatvari_mariam.pdf |
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