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Title |
Theoretical problems of criteria definition of
constitutional judicial legislation effectiveness
and its results |
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Autors |
MALYUSHIN Alexey Aleksandrovich
Judge of the Federal Arbitrazh Court of the
Moscow Okrug. 127994, , Bld. 9, Seleznevskaja,
GSP-4, Moscow. |
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Section |
Konstitution state and society |
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Issue |
6/2012 |
Page |
50-58 |
index UDC |
340.131 + 342 |
index LBC |
Х400.12(2) + Х022.14 |
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Abstract |
The article analyzes the efficiency as a result of
the legal instructions developed by constitutional
tribunals. The article provides the theoretical
analysis of the criteria that enable to estimate the
efficiency of constitutional judicial legislation.
The efficiency of constitutional judicial
legislation is determined on the basis of legality (constitutionality),
reasonableness (from social, economical and
political point of view) and practicability. The
article reviews a formal and procedural criterion of
the efficiency of constitutional judicial
legislation and the accessibility of its results to
all involved in social relations. |
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Keywords |
lawmaking (legislation),
effectiveness, criteria, legality
(constitutionality), sufficiency, reasonability,
availability, formal definiteness. |
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