The Issue of Judicial Law Making in Files of the Constitutional Meeting
Even outside of the common law countries, it is rarely denied that the doctrine of precedent which requires to treat like cases alike ensures the uniformity of judicial practice and thus promotes legal certainty. The main objections to it in Russian jurisprudence are usually associated with the principles of separation of powers and the independence of judges. The tension between these principles, on the one hand, and the principle of legal certainty, on the other, is recognized not only by opponents, but also by some adherents of this doctrine. As a result, all argumentation in this dispute inevitably takes the form of unprovable value judgments. The frame of the discussion around the doctrine of precedent could be significantly changed, in particular, by the results of the historical interpretation of the Constitution of the Russian Federation aimed at founding out the actual intention of its authors.