Constitutional Systems of the Independent Central Asian States A Contextual Analysis
Produktdetaljer
Biografisk notat
Scott Newton has held the Laws of Central Asia post at SOAS since 1999. Over 20 years he has lived, worked, and conducted research in all five countries that are the subject of this volume.It is the single comprehensive and erudite overview of constitutional frameworks of the entire Central Asian region and it should be read by everyone who has interest in the politics and constitutions of the respective states. It is, ultimately, a must read for scholars interested in constitutions in authoritarian regimes, a field of constitutional studies which has by and large overlooked Central Asia, for no compelling reason.
- Armen Mazmanyan, Center for Constitutional Studies, Apella Institute, I·CONnect Blog
... this volume is a welcome, impressive, and perceptive addition to the comparative law of the Commonwealth of Independent States.
- W E Butler, Journal of Comparative Law
Newton’s storytelling reveals profound curiosity, deep understanding, a sense of empathy, and, occasionally, a sense of disquiet... Superbly executed and absorbing, the book compels this reader to agree with the author that the Central Asian experience is emblematic of the tensions and issues contemporary constitutional orders face everywhere.
- Mavluda Sattorova, University of Liverpool, International Journal of Constitutional Law
This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context.
The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the ‘new world order’ of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity.
The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.
INTRODUCTION
First Principles: Constitutional Orders, Constitutional Functions, Constitutional Processes
Methodology and Schools of Thought
Plan of the Work
Further Reading
1. CONSTITUTIONAL OVERVIEW: LIE OF THE ’STANS
Uzbekistan
Turkmenistan
Kazakhstan
Tajikistan
Kyrgyzstan
Further Reading
2. RED ORIGINS: DOING JUSTICE TO SOVIET CONSTITUTIONALISM
Soviet Constitutional Order
Soviet Authority (CPSU)
Soviet Federalism and Nationalities Regulation
Soviet Government
Soviet Planning and Ownership
Soviet Social Regulation and Protection
Soviet Rights Protection
Soviet Ideology
Soviet Local Variation
Constitutional Order and the Constitution
Soviet Constitutional Problems and Solutions
Further Reading
3. NATAL CHART: CONSTITUENT INFLUENCES AND PROCESSES
The Post-Soviet Moment and the Exigency of Sovereignty
The Constituent Process and the Texts Themselves
Property, The Market and Welfare
Culture and Constitution
Transition Tutelage: Good Governance, Rule of Law, Democratisation
Conclusion
Further Reading
4. SUPER-PRESIDENTS AND SUPERPOWERS
Imbalance of Power
Presidential Particulars: Presidency and President
Presidential Power: Government and its Subordinate Agencies; Local Administration
Presidential Power: Parliament
Presidential Power: Judicial Structures
Presidential Power: Elections/Referenda
Presidential Power: Administration/Apparat and Directly Subordinate Agencies
Presidential Power: National Security
Presidential Power: Lawmaking
Immunity and Impeachment
Doing Justice to Super-presidentialism
Further Reading
5. TALKING SHOP OR GOVERNING BODY: PARLIAMENT
Parliamentary Basics: Composition, Parliamentarians and Parties Parliament as Institution: Structure, Leadership, Development
Parliamentary Powers: Lawmaking
Other Parliamentary Powers
The Meta-rules of Representation
Elections and Term of Office
A Tale of Two Parliaments, and Two Constitutions:
Tajik and Kyrgyz
Further Reading
6. HONOUR IN THE BREACH: RIGHTS, COURTS AND JUSTICE
Constitutional Role and Functions of the Central Asian Judiciaries
Constitutional Evolution of the Central Asian Judiciaries
Governance: Judicial Personnel Management and Court Administration
Structure and Functions: The Five Court Systems
Constitutional Basis of the Central Asian Justice System: Internal Affairs, Justice and the Procuracy
Rights and Remedies
Judicial Protection
International Protection
Supplementary Protection: Procuracy and Human Rights Institutions
Further Reading
7. PLAN TO CLAN: TRANSITIONS, ECONOMIC AND SOCIAL
Constitutional Regulation of the Economy: Basic Rules
Constitutional Regulation of the Economy: Basic Institutions
Economic Constitutionalism: Foreign Investment and International Integration
The ‘Material Constitution’: Crony Capitalism, Corruption, Crime
Social Provision and Protections (Pensions, Unemployment, Poverty, Gender)
Further Reading
8. CENTRAL ASIA CONSTITUTIONS AND CENTRAL ASIAN DIFFERENCE: THE REGULATION OF PLURALISM
Identity: Who, the People?
Citizenship and Ethnicity (‘Nationality’)
Federalism, Devolution
Language
Culture
Religion
Local and Regional Government
Further Reading
Accessible, contextual introductions to the
constitutional systems of the world.
In the era of globalisation issues of constitutional law and good governance are being seen increasingly as vital issues in all types of society. Since the end of the cold war there have been dramatic developments in democratic and legal reform, and post-conflict societies are also in the throes of reconstructing their governance systems. Even societies already firmly based on constitutional governance and the rule of law have undergone constitutional change and experimentation with new forms of governance; and their constitutional systems are increasingly subjected to comparative analysis and transplantation. Constitutional texts for practically every country in the world are now easily available on the internet. However, texts which enable one to understand the true context, purposes, interpretation, and incidents of a constitutional system are much harder to locate, and are often extremely detailed and descriptive. This series seeks to provide scholars and students with accessible introductions to the constitutional systems of the world, supplying both a road map for the novice and, at the same time, a deeper understanding of the key historical, political, and legal events which have shaped the constitutional landscape of each country. Each book in the series deals with a single country or a group of countries with a common constitutional history, and each author is an expert in their field.
Countries covered by the series so far:
Australia
The Republic of Austria
Belgium
Brazil
Canada
Chile
China
The Commonwealth Caribbean
Czechia
The European Union
Finland
France
Germany
The Independent States of Central Asia
India
Indonesia
Ireland
Israel
Italy
Japan
Malaysia
Mexico
Myanmar
New Zealand
Pakistan
Poland
Romania
The Russian Federation
Singapore
South Africa
Spain
Taiwan
Thailand
The United Kingdom
The United States of America
Vietnam
PRAISE FOR THE SERIES
"This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context…There is no other series of guides quite like it" William B Ewald, Professor of Law and Philosophy, University of Pennsylvania Law School
"... ideal for undergraduate and introductory law school courses on comparative constitutional law" William E Butler, Journal of Comparative Law
"I just wanted to congratulate you on your series "Constitutional Systems of the World"… by including countries which normally don't get attention, you do a great service to a more modern comparative constitutionalism. I hope that this collection will grow!" Dr Jörg Menzel, Associate Professor, University of Bonn, Germany