Criteria for Evaluating Constitutional Judicial Argumentation

One of the key directions in the development of the theory of constitutional judicial argumentation is the development of tools that can help to assess the quality of constitutional judicial argumentation and its effectiveness. Since argumentation serves a functional role in relation to the activities it supports, it is crucial to consider the purpose and features of constitutional norm control in this process. The paper examines the factors that necessitate the identification of specific criteria for evaluating constitutional judicial argumentation. Using the premise that argumentation should strengthen constitutional normativity, the author formulates methodological requirements for the process of forming constitutional discourse and identifies the following criteria for evaluating constitutional judicial argumentation: constitutional justification of assertions regarding the constitutionally appropriate; accuracy in diagnosing the current legal regulation; adequacy in describing and understanding the social context; acceptability of arguments for constitutional discourse; and completeness (exhaustiveness) of the argumentation. The study demonstrates that evaluation criteria for argumentation that take into account the specifics of constitutional norm control significantly reduce the risk of argumentative errors, as well as allowfor the identification of manipulations and incorrect argumentation, giving an opportunity to respond to them. This is particularly important given that in constitutional discourse, each thesis and the arguments presented in its support influence the definition of the boundaries of what is constitutionally appropriate, permissible, and prohibited.

Authors

Institutions

Publication Details

Journal
Lex Russica
Published
2025-07-30
DOI
https://doi.org/10.17803/1729-5920.2025.224.7.048-069
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Criteria for Evaluating Constitutional Judicial Argumentation

Aldar Chirninov
Lex Russica
European and International Law Studies
article

Criteria for Evaluating Constitutional Judicial Argumentation

Aldar Chirninov
article en

Abstract

One of the key directions in the development of the theory of constitutional judicial argumentation is the development of tools that can help to assess the quality of constitutional judicial argumentation and its effectiveness. Since argumentation serves a functional role in relation to the activities it supports, it is crucial to consider the purpose and features of constitutional norm control in this process. The paper examines the factors that necessitate the identification of specific criteria for evaluating constitutional judicial argumentation. Using the premise that argumentation should strengthen constitutional normativity, the author formulates methodological requirements for the process of forming constitutional discourse and identifies the following criteria for evaluating constitutional judicial argumentation: constitutional justification of assertions regarding the constitutionally appropriate; accuracy in diagnosing the current legal regulation; adequacy in describing and understanding the social context; acceptability of arguments for constitutional discourse; and completeness (exhaustiveness) of the argumentation. The study demonstrates that evaluation criteria for argumentation that take into account the specifics of constitutional norm control significantly reduce the risk of argumentative errors, as well as allowfor the identification of manipulations and incorrect argumentation, giving an opportunity to respond to them. This is particularly important given that in constitutional discourse, each thesis and the arguments presented in its support influence the definition of the boundaries of what is constitutionally appropriate, permissible, and prohibited.

Lex RussicaVol. 78(7)
Ural State Law University (RU)
Openalex Percentile: Top 77%
European and International Law Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.