The Ukrainian orthodox question in the USSR

Abstract

This research compares the treatment of religion, especially minority faiths, by constitutional courts in Russia and Hungary, with the goal of testing an assumption in the literature that such courts in former communist countries protect human and civil rights, including religious freedom. We found that the ability of constitutional courts to fulfil this function depends on the degree of their independence from governments, with the Hungarian Constitutional Court having offered more effective protection for minority religions than its counterpart in Russia. This outcome in Russia has led minority religions to seek redress with the European Court of Human Rights, where they have experienced considerable success.