From “Living Constitutionalism” to “Zombie Apocalypse”. Valery Zorkin, the Constitutional Court and Russian Authoritarianism

Abstract

Abstract The 2020 constitutional amendments marked a turning point for Russian constitutionalism. The Constitution finally lost its limiting function and the Constitutional Court lost significant power. The long-serving Chairman of the Russian Constitutional Court, Valery Zorkin, however, remained in power and continues to guarantee authoritarian legality and approval for Putin through favorable rulings, his theory of state and law, and support for the constitutional amendments in 2020. Over the years, Zorkin has adapted to the increasing authoritarianism of the Putin regime. This is all the more remarkable given that Zorkin was a strong defender of legalism and opposed Boris Yeltsin’s power grab in 1993. The figure of Zorkin can help us explain the development of Russian constitutionalism during the last 30 years and the poses questions for comparative constitutional law.