Parts III–IV

This article analyzes the effects of establishing constitutional justice in post-Soviet states. The author argues that only by fulfilling the conditions necessary for the functioning of independent constitutional courts—capable of defending the values and principles of democracy and the rule of law—will these courts be able to stand up to the authoritarian tendencies of political powers. At the same time, the positivist conception of the jurisdictional function of constitutional courts provides them with psychological comfort, but true legitimacy is acquired “through results”; in other words, through the effectiveness of their work. In a hostile political context, this is the only way for these new courts to achieve social legitimacy and establish themselves as the “power” that, through the authority of its decisions, participates in the construction of regimes that respect the rule of law and within which constitutional texts do not remain “a non-binding aspiration.”

Keywords: constitutional justice, former Soviet states, Constitutional Court