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

by Scott Newton, Andrew Harding, Benjamin L Berger, Heinz Klug, Peter Leyland

Overview

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.

Product Details

ISBN-13:	9781509928453
Publisher:	Bloomsbury Academic
Publication date:	11/01/2018
Series:	Constitutional Systems of the World
Edition description:	Reprint
Pages:	368
Product dimensions:	5.50(w) x 8.50(h) x 0.76(d)

About the Author

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.

Table of Contents

Introduction 1

First Principles: Constitutional Orders, Constitutional Functions, Constitutional Processes 5

Methodology and Schools of Thought 7

Plan of the Work 11

Further Reading 13

1 Constitutional Overview: Lie Of The 'stans 15

Uzbekistan 17

Turkmenistan 23

Kazakhstan 31

Tajikistan 38

Kyrgyzstan 44

Further Reading 52

2 Red Origins: Doing Justice To Soviet Constitutionalism 55

Soviet Constitutional Order 56

Soviet Authority (CPSU) 58

Soviet Federalism and Nationalities Regulation 63

Soviet Government 68

Soviet Planning and Ownership 70

Soviet Social Regulation and Protection 73

Soviet Rights Protection 77

Soviet Ideology 78

Soviet Local Variation 79

Constitutional Order and the Constitution 82

Soviet Constitutional Problems and Solutions 84

Further Reading 91

3 Natal Chart: Constituent Influences And Processes 93

The Post-Soviet Moment and the Exigency of Sovereignty 93

The Constituent Process and the Texts Themselves 97

Property, The Market and Welfare 107

Culture and Constitution 109

Transition Tutelage: Good Governance, Rule of Law, Democratisation 113

Conclusion 123

Further Reading 123

4 Super-Presidents And Superpowers 125

Imbalance of Power 125

Presidential Particulars: Presidency and President 130

Presidential Power: Government and its Subordinate Agencies; Local Administration 132

Presidential Power: Parliament 136

Presidential Power: Judicial Structures 137

Presidential Power: Elections/Referenda 138

Presidential Power: Administration/Apparat and Directly Subordinate Agencies 139

Presidential Power: National Security 141

Presidential Power: Lawmaking 144

Immunity and Impeachment 145

Doing Justice to Super-presidentialism 148

Further Reading 152

5 Talking Shop Or Governing Body: Parliament 153

Parliamentary Basics: Composition, Parliamentarians and Parties 154

Parliament as Institution: Structure, Leadership, Development 160

Parliamentary Powers: Lawmaking 163

Other Parliamentary Powers 166

The Meta-rules of Representation 170

Elections and Term of Office 174

A Tale of Two Parliaments, and Two Constitutions: Tajik and Kyrgyz 178

Further Reading 186

6 Honour In The Breach: Rights, Courts And Justice 187

Constitutional Role and Functions of the Central Asian Judiciaries 190

Constitutional Evolution of the Central Asian Judiciaries 194

Governance: Judicial Personnel Management and Court Administration 198

Structure and Functions: The Five Court Systems 201

Constitutional Basis of the Central Asian Justice System: Internal Affairs, Justice and the Procuracy 205

Rights and Remedies 214

Judicial Protection 227

International Protection 228

Supplementary Protection: Procuracy and Human Rights Institutions 230

Further Reading 232

7 Plan To Clan: Transitions, Economic And Social 233

Constitutional Regulation of the Economy: Basic Rules 234

Constitutional Regulation of the Economy: Basic Institutions 237

Economic Constitutionalism: Foreign Investment and International Integration 241

The 'Material Constitution': Crony Capitalism, Corruption, Crime 244

Social Provision and Protections (Pensions, Unemployment, Poverty, Gender) 257

Further Reading 264

8 Central Asia Constitutions And Central Asian Difference: The Regulation Of Pluralism 267

Identity: Who, the People? 267

Citizenship and Ethnicity ('Nationality') 271

Federalism, Devolution 275

Language 280

Culture 282

Religion 284

Local and Regional Government 286

Further Reading 290

Tables Of Authorities 291

Index 347

Editorial Reviews

... this volume is a welcome, impressive, and perceptive addition to the comparative law of the Commonwealth of Independent States.
Journal of Comparative Law

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.
I-CONnect Blog

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.
International Journal of Constitutional Law

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