Reevaluating constitutional liability: Russian and international perspectives

While a comprehensive research and literature exists on legal responsibility, the nature of constitutional liability is much less explored. Constitutional liability is a crucial tool for strengthening and development of democracy. In practice, not all countries have a direct constitutional and legis...

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Detalles Bibliográficos
Autor: Vinogradov, Vadim
Tipo de recurso: artículo
Estado:Versión publicada
Fecha de publicación:2022
País:Brasil
Institución:Universidade Federal do Paraná (UFPR)
Repositorio:Revista de Investigações Constitucionais
Idioma:inglés
OAI Identifier:oai:ojs.pkp.sfu.ca:article/83571
Acceso en línea:https://revistas.ufpr.br/rinc/article/view/83571
Access Level:acceso abierto
Palabra clave:constitution
constitutional law
constitutional liability
constitutional tort
grounds for constitutional liability
legal responsibility
Descripción
Sumario:While a comprehensive research and literature exists on legal responsibility, the nature of constitutional liability is much less explored. Constitutional liability is a crucial tool for strengthening and development of democracy. In practice, not all countries have a direct constitutional and legislative establishment of constitutional liability as a special form of legal responsibility. For example, Russia has its own way of determining constitutional liability, which can serve as grounds for thought provoking reflection in other legal systems. In this article, the author will consider the constitutional liability as a form of legal responsibility, address the questions of interrelation between constitutional liability and other forms of legal responsibility, as well as explore the grounds of constitutional liability by comparing constitutions, a number of various laws, some subordinate legislative acts of Russia and about fifteen other countries. Such analysis allows one to draw conclusions that bring some novelty, newness into the field of public law as a whole.