The Harmonization of the Powers of the Constitutional Courts and International Judicial Authorities for the Protection of Human Rightsand Freedoms

The Author considers the problem of the relationship between the national constitutional courts and the courts of international organizations, focusing on the analysis of existing approaches to the characterization of their relations. Considerable attention is paid to the search for the necessary ba...

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Main Author: A. A. Bakhov
Format: Article
Language:Russian
Published: Omsk Law Academy 2018-09-01
Series:Сибирское юридическое обозрение
Subjects:
Online Access:https://www.siberianlawreview.ru/jour/article/view/162
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author A. A. Bakhov
author_facet A. A. Bakhov
author_sort A. A. Bakhov
collection DOAJ
description The Author considers the problem of the relationship between the national constitutional courts and the courts of international organizations, focusing on the analysis of existing approaches to the characterization of their relations. Considerable attention is paid to the search for the necessary balance of interaction, which would allow both institutions of judicial protection to be preserved and, at the same time, increase the effectiveness of their activities. The study is accompanied by a study of the jurisprudence of the European Court of Human Rights and the constitutional courts of European countries. Based on the study of the experience of several European countries, it is established that the problem is systemic and relevant at the international level. The Author comes to the conclusion that the way to solving the problem of conflicts of judicial institutions lies in expanding the channels of cooperation and interaction, which will strengthen the guarantees for the protection of human rights and freedoms.
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spelling doaj.art-84eb13a0222c41e39596e9302243573c2024-03-15T14:13:30ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102018-09-0115327227610.19073/2306-1340-2018-15-3-272-276161The Harmonization of the Powers of the Constitutional Courts and International Judicial Authorities for the Protection of Human Rightsand FreedomsA. A. Bakhov0Leningrad Collegium of advocates “Narteks”The Author considers the problem of the relationship between the national constitutional courts and the courts of international organizations, focusing on the analysis of existing approaches to the characterization of their relations. Considerable attention is paid to the search for the necessary balance of interaction, which would allow both institutions of judicial protection to be preserved and, at the same time, increase the effectiveness of their activities. The study is accompanied by a study of the jurisprudence of the European Court of Human Rights and the constitutional courts of European countries. Based on the study of the experience of several European countries, it is established that the problem is systemic and relevant at the international level. The Author comes to the conclusion that the way to solving the problem of conflicts of judicial institutions lies in expanding the channels of cooperation and interaction, which will strengthen the guarantees for the protection of human rights and freedoms.https://www.siberianlawreview.ru/jour/article/view/162courtthe court of an international organizationconstitutional courtlawpositionconstitutioneuropean court of human rights
spellingShingle A. A. Bakhov
The Harmonization of the Powers of the Constitutional Courts and International Judicial Authorities for the Protection of Human Rightsand Freedoms
Сибирское юридическое обозрение
court
the court of an international organization
constitutional court
law
position
constitution
european court of human rights
title The Harmonization of the Powers of the Constitutional Courts and International Judicial Authorities for the Protection of Human Rightsand Freedoms
title_full The Harmonization of the Powers of the Constitutional Courts and International Judicial Authorities for the Protection of Human Rightsand Freedoms
title_fullStr The Harmonization of the Powers of the Constitutional Courts and International Judicial Authorities for the Protection of Human Rightsand Freedoms
title_full_unstemmed The Harmonization of the Powers of the Constitutional Courts and International Judicial Authorities for the Protection of Human Rightsand Freedoms
title_short The Harmonization of the Powers of the Constitutional Courts and International Judicial Authorities for the Protection of Human Rightsand Freedoms
title_sort harmonization of the powers of the constitutional courts and international judicial authorities for the protection of human rightsand freedoms
topic court
the court of an international organization
constitutional court
law
position
constitution
european court of human rights
url https://www.siberianlawreview.ru/jour/article/view/162
work_keys_str_mv AT aabakhov theharmonizationofthepowersoftheconstitutionalcourtsandinternationaljudicialauthoritiesfortheprotectionofhumanrightsandfreedoms
AT aabakhov harmonizationofthepowersoftheconstitutionalcourtsandinternationaljudicialauthoritiesfortheprotectionofhumanrightsandfreedoms