Year of Graduation
The Doctrine of the "Living Constitution" and its Influence on the Development of Human Rights in the USA
The last two decades are believed to have a growing trend towards increase of the role of judicial precedents in Russian law. This fact led to the discussion whether judges can create new rules while interpreting normative acts of legislature or it is absolutely unacceptable in democratic society in accordance with the principle of separation of powers. In the sphere of constitutional law a much debated question relates to the Constitutional Court and its role in constitutional interpretation. With regard to this reason it may be useful to research the experience and doctrines of the constitutional interpretation in the USA, where the Supreme Court, due to the concept of the «Living constitution», has significantly changed the shape of American law over the centuries. The present research is an attempt to analyze how «Living constitution» works in practice of the US Supreme Court. The author came to conclusion that «Living constitution» may be incorporated into Russian legal system, but some critical conditions have to be satisfied.