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Transformation of Provisions of the Constitution of the Russian Federation and the Constitution of the Commonwealth of Australia Devoted to the Federative Structure


Affiliations
1 Buryat State University, Ulan-Ude, Russia
 

Background/Objectives: This study conducted theoretical and legal analysis of certain provisions of the Constitution of the Russian Federation. Major attention is paid to the ways of resolving contradictions in the text of the Constitution. Methods/Statistical analysis: As an optimal method the Constitution transformation is currently proposed. Findings: The authors analyze some of the decisions of the Constitutional Court. Then, a comparison with the Constitution of the Commonwealth of Australia and its evolution is provided. To ensure objectivity and impartiality of constitutional interpretation it is necessary to change the procedure for the formation of the Constitutional Court. Improvements: To ensure the interests of the Russian Federation it is necessary to change the principle of formation of the Council of the Federation, and then to provide the members of the Council of the Federation with the right to propose candidates for judges of the Constitutional Court after the rejection of candidates proposed by the President.


Keywords

Commonwealth of Australia, Constitution of the Commonwealth of Australia, Constitution, Federalism, Federal Structure
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  • Transformation of Provisions of the Constitution of the Russian Federation and the Constitution of the Commonwealth of Australia Devoted to the Federative Structure

Abstract Views: 141  |  PDF Views: 0

Authors

Tsyrempilova Elena
Buryat State University, Ulan-Ude, Russia
Khamnuev Yuliy
Buryat State University, Ulan-Ude, Russia

Abstract


Background/Objectives: This study conducted theoretical and legal analysis of certain provisions of the Constitution of the Russian Federation. Major attention is paid to the ways of resolving contradictions in the text of the Constitution. Methods/Statistical analysis: As an optimal method the Constitution transformation is currently proposed. Findings: The authors analyze some of the decisions of the Constitutional Court. Then, a comparison with the Constitution of the Commonwealth of Australia and its evolution is provided. To ensure objectivity and impartiality of constitutional interpretation it is necessary to change the procedure for the formation of the Constitutional Court. Improvements: To ensure the interests of the Russian Federation it is necessary to change the principle of formation of the Council of the Federation, and then to provide the members of the Council of the Federation with the right to propose candidates for judges of the Constitutional Court after the rejection of candidates proposed by the President.


Keywords


Commonwealth of Australia, Constitution of the Commonwealth of Australia, Constitution, Federalism, Federal Structure



DOI: https://doi.org/10.17485/ijst%2F2016%2Fv9i12%2F132191