Taking into account modern concepts of constitutional democracy and based on the practice of the constitutional Court of the Russian Federation the article offers the author's understanding of the correlation of the interests of the minority and the majority of society as a constitutional problem The significance of such a problem is actualized, in particular, in situations when the constitutional justice body, guided by the highest constitutional values and interests, makes a decision that does not coincide with the prevailing - and existing at the time of making such a decision - opinion of the majority of society. The basis of constitutional and legal assessments of the relevant processes is an understanding of the patterns of development of modern democracies from majoritarianism (absolute majority power) to the recognition of democracy as a system of majority rule with respect for the rights of the minority. This makes it necessary to develop effective mechanisms to find a balance between the interests o
Original languageRussian
Pages (from-to)1-11
JournalЖУРНАЛ КОНСТИТУЦИОННОГО ПРАВОСУДИЯ
Issue number4
StatePublished - 2020
Externally publishedYes

    Research areas

  • balance of interests, constitution, constitutionalism, democracy, majority and minority, the Constitutional Court, баланс интересов, большинство и меньшинство, демократия, конституционализм, конституционный суд, конституция

ID: 78593991