Analysis On Direct Effect Of Russian Constitutional Norms

After the disintegration of the Soviet Union with the influx of western human rights theory, Russia’s democratic constitutionalism has make a spurt of progress of development, and the most important is the new constitution enacted in 1993. The constitution embodies the thought of people’s sovereignty, the concept of human rights guarantee and the separation of the three powers.At the same time, the constitution expressly provides for the constitutional norms have direct effect. Especially the establishment standard of basic rights in constitution have direct effect, which can promote the development of the cause of human rights protection. As the special constitution supervision organ and according to the provisions of the Constitution and the Constitutional Court of law, the constitutional court is the authority subject of the direct effect theory of constitutional norms.Taking a specific case of the constitutional court as an example, finishing the analysis of constitutional court constitutional petition guarantee basic ideas of constitutional basic rights in the process of pursuit, to explore the basic legal position of the constitutional court and the highest value,from which we can see that the constitutional court in the trial process tightly around a center point: according to the constitution the direct effect theory, direct basis for the explicit specification of the constitution,the realization of human and civil rights and freedom. This is the highest value of the state and the legal pursuit, in any case of citizen’s constitutional basic rights should be protected by law, and should receive priority protection.The basic idea of constitutional norms directly effect theory and the protection of human rights is an important support for the constitutional court appeal system, as the constitutional court by constitutional petition the protection of human rights theory and criterion of worthy of our in-depth study and understanding.Except the introduction, this paper consists of four parts.In the first part introduces the case of Krylov sued the civil code article 152 violation of the Constitution, analyzes the theoretical basis and the legal basis of the court. In the second part by the constitution direct effect applicable subject theory of the constitutional court as the breakthrough point, one of the most important functions and powers of the constitutional court is through the trial the citizen’s constitutional petition, direct application of constitutional norms in the judicial practice, to their protection of civil rights and freedom of historical mission..Then discusses the subject and the conditions for acceptance of the constitutional court constitutional petition.The third part systematically expounds the theoretical connotation and theoretical basis of direct effect of constitutional norm..The fourth part of this paper analyzes the constitution standard direct effect role theory and the practice significance to China,summarize the experience of learning,enrich the theoretical research and perfect the legal system.