Judicial Power in Russia: Through the Prism of Administrative Justice.
This article assesses the power of judges in Russia (on courts of general jurisdiction, arbitrazh courts, and military courts) in dealing with cases in which the government or one of its officials is a party. Power, that is, the resources of judges to make binding decisions, is understood as includi...
| Published in: | Law & Society Review Vol. 38; no. 3; pp. 549 - 582 |
|---|---|
| Main Author: | |
| Format: | Article |
| Published: |
Wiley-Blackwell
September 2004
|
| Subjects: | |
| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=510388309&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 510388309 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00239216 LSR jtl: Law & Society Review issn: 00239216 maglogo: N pubinfo: dt: September 2004 vid: 38 iid: 3 pid: 480 pub: Wiley-Blackwell artinfo: ui: 510388309 10.1111/j.0023-9216.2004.00057.x ppf: 549 ppct: 33 formats: fmt: – @attributes: type: T – @attributes: type: P size: 2.2MB tig: atl: Judicial Power in Russia: Through the Prism of Administrative Justice. aug: au: Solomon, Peter H. su: Political questions & judicial power Justice administration Constitutional law Russia sug: subj: Russia Political questions & judicial power Justice administration Constitutional law ab: This article assesses the power of judges in Russia (on courts of general jurisdiction, arbitrazh courts, and military courts) in dealing with cases in which the government or one of its officials is a party. Power, that is, the resources of judges to make binding decisions, is understood as including jurisdiction, discretion, and authority to ensure compliance. The article analyzes the dramatic growth of jurisdiction and caseload in administrative justice in post-Soviet Russia to the year 2002 and examines how the courts have performed in handling the review of actions by officials (including in the military), tax cases, electoral disputes, and the legality of normative acts (both regulations and laws of lower governments), especially in the late 1990s. High rates of success for persons bringing suits against the government suggest that judges were able by and large to adjudicate fairly and rule against the state. To a considerable degree (but not always), those decisions were implemented (more often than were constitutional and commercial decisions). Interestingly, citizens who challenged the actions of officials in court had much more success than those who brought complaints to the Procuracy. Finally, the article develops an agenda for future research that would deepen understanding of the significance of administrative justice in the Russian Federation and the power of judges. Reprinted by permission of the publisher. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
|---|