Legal Study of the Development of the Doctrine of Constitutional Identity in Russia: General Prerequisites

Abstract

The basic laws are considered as the result of the national identity, desire and will of the people of each country, which defines the relationship and position of the people with each other and with the political system and the goals of the country's ideals. Therefore, it is necessary to analyze the constitution in the manner of content analysis. Therefore, it should be checked what are the main elements of national identity in the constitution? Is the nature of these elements intrinsic or a process? In the constitution, all the elements of national identity are taken care of in a coordinated way, or is there a kind of monopoly in this field? The article examines the main prerequisites for the development of the Russian concept of constitutional identity. According to the authors, the main reason for the development of the doctrine of constitutional identity in Russia was the jurisdictional conflict between the ECHR and the Constitutional Court of the Russian Federation. This conflict was related to the "right of the last word", which was defended by the Strasbourg Court (especially in the case of Anchugov and Gladkov). This position clearly and not ambiguously demonstrated a departure from the previous practice of "dialogue" between the two levels of jurisdiction. Extending the absolute primacy of the "right of convention" to constitutional provisions has once again become a casus belli. The authors analyzed the main prerequisites for the formation of the doctrine of constitutional identity through the prism of foreignго experience, paying attention to the legal argumentation used by European constitutional courts to assess the enforceability of international obligations.