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The Constitutional Systems of the Independent Central Asian States: A Contextual Analysis

The Constitutional Systems of the Independent Central Asian States: A Contextual Analysis

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509928453
  • 出版时间 November 2018
  • 规格: Paperback
  • 适应领域: Asia ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥465.00

¥451.05 Save ¥13.95 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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

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