Izvestiya of Saratov University.
ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


doubt management

Towards a methodology of analyzing defensive constitutionalism: The model of the branched hermeneutic cycle and the concept of hermeneutic sovereignty

Introduction. In response to the “protective turn” of constitutional courts, academic discourse has focused on the dogmatic content of decisions or their external political determinants, neglecting the key question of how legitimacy is produced. Problem statement. This article proposes a hermeneutical turn, shifting the focus to the immanent technology of judicial meaning-making. Theoretical analysis. The concepts of a branched hermeneutical cycle, which describes the dual structure of legitimation in a collegial court (the majority branch vs.