Popova S.M., Shakhray S.M. —
Political and legal mechanisms of correction of the majority decisions within constitutional history of modern Russia
// Law and Politics. – 2019. – ¹ 10.
– P. 59 - 71.
DOI: 10.7256/2454-0706.2019.10.43286
URL: https://en.e-notabene.ru/lamag/article_43286.html
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Abstract: The subject of this research is the political and legal mechanism of realization of the ideas and model reflected in the new constitutions (including the Constitution of the Russian Federation of 1993), in the conditions of instability and absence of social cohesion. Special attention is dedicated to the so-called counter-majoritarian institutions, which can most effectively and legitimately “correct” the lawfully and democratically made majority decisions if they do not correspond with the interests of social development or violate rights and freedoms of the citizens. Based on retrospective analysis, it is demonstrated that in modern Russia, since the new Constitution came into force, the indicated functions are exercised by the Head of the State and the Constitutional Court of the Russian Federation. The conclusion is made that the constitutions establishing counter-majoritarian mechanisms, ensure stability and due development of the new statehood and legal system more reliably. These institutions, among other matters, also contribute to sustainability of the modern political systems, characterized with more profound segmentation, as well as support of the political inclusion of minorities.