Толкование конституционных прав

Abstract

Constitutionally-enacted Human rights and freedoms of the Citizen (hereafter – constitutional rights) often require clarification of their scope and limitations. Being the prerogative of the Constitutional Court of the Russian Federation, the question of interpretation of constitutional rights unites many basic problems of modern constitutionalism. This paper has the methodological aim. It initially is addressed to those who teaches and studies the general courses on the constitutional law or elective disciplines connected with the protection of constitutional rights in case-law of the Constitutional Court of the Russian Federation. Beside this paper could be interesting to the participant of constitutional adjudication. In the first part of the paper, the general issues of the theory of judicial interpretation and their features concerning constitutional rights are analyzed. This part of the paper due to its theoretical origin could be skipped in case of educational use only. The second part of work is devoted to the analysis of classical methods of interpretation of constitutional rights. In this regard, special attention is paid on of the case-law of Constitutional Court of the Russian Federation and some foreign bodies of the constitutional control which illustrates four “canons” of interpretation of constitutional rights.