Formalism Decisionism And Conservatism In Russian Law

Download or read book Formalism, Decisionism and Conservatism in Russian Law written by Mikhail Antonov and published by BRILL. This book was released on 2020-11-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.