俄罗斯宪法法院审查制成因探析

An analysis of the forming of the auditing system of the Russian Constitutional Court

独立后的俄罗斯积极推行法律制度变革,以此回应及推动社会转型。对苏联时期违宪审查制度进行反思的同时,俄罗斯也在探寻适合自己的违宪审查模式。随着“法治国”与市民社会理论的兴起及公民宪法观念的萌生,俄罗斯建立宪法法院的条件也日益成熟,而“三权分立”原则的确立以及俄罗斯司法机关无力承担违宪审查职责则使得俄罗斯宪法法院的建立成为必然。

Russia actively underwent reforms of its legal systems after independence in order to further push the transformafiou of the society, The country was seeking a suitable auditing model while reflecting upon unconstitutional system in the Soviet Union period. The tithe was ripe for Russia to establish its own Constitutional Court with the ideas of “Rule by Law” and “Citizens＇ Social Theory” further developed in the country. The principle of the Sopuration of Powers had been gaining popularity in Russia, and the judicial departments were powerless to assmne the responsibility to open investigations into the unconstitutional cases. They resulted in the Russian Constitutional Court must be set up.