Constitutional Judicial Interpretation

Abstract

The article analyzes the constitutional judicial interpretation as an independent type of judicial interpretation. The author proceeds from the fact that the constitutional judicial interpretation occupies a special place, since the Constitutional Court of the Russian Federation is not just a law enforcement body, but, unlike other subjects of judicial activity, is also a lawmaking body. The author highlights the signs of judicial interpretation, which are divided into three groups. Group 1 - these are signs that are inherent in any kind of interpretation, including judicial interpretation. Group 2 are the main features of judicial interpretation, which are inherent in this particular type of interpretation and without which it cannot exist. Group 3 are optional features of judicial interpretation that may be inherent in judicial interpretation, but in their absence, judicial interpretation continues to exist as an independent type of interpretation. The limits of judicial interpretation are investigated and, based on the analysis, the factors that determine the limits of constitutional judicial interpretation are identifi ed. In conclusion, arguments are given in favor of the existence of the rulemaking and lawmaking functions of the Constitutional Court.