Dynamics of contemporary constitutionalism in Eurasia : local legacies and global trends / Aziz Ismatov, Herbert Küpper, Kaoru Obata, editors.

Format:

Book

Contributor:

Ismatov, Aziz, editor.

Küpper, Herbert, 1964- editor.

Obata, Kaoru, editor.

Language:

English

Subjects (All):

Constitutional law--Eurasia.

Constitutional law.

Physical Description:

1 online resource (404 pages)

Edition:

1st ed.

Place of Publication:

Berlin : BWV Berliner Wissenschafts-Verlag, [2022]

Summary:

Constitutional development in Eurasia is very dynamic. In that region, we find a growing acceptance of the universal values of democratic constitutionalism, a rising consciousness of the importance of local and regional traditions, and a tendency to reduce democratic structures and the rule of law. Some states are turning more and more into autocratic regimes, whereas others are in the process of opening their political system. This volume analyses these contradictory tendencies in Russia and in Ukraine, in the ex-Soviet republics in Caucasia and Central Asia, and in neighbouring countries. Special attention is given to how constitutional law works in practice.

Contents:

Intro

Preface

AZIZ ISMATOV / HERBERT KÜPPER / KAORU OBATA Introduction Constitutionalism in the Post-Soviet World

HERBERT KÜPPER The Politics of the Past and their Effecton the New Constitutions

1. Introduction

2. The temporal scope of the post-authoritarian constitution

3. The first relevant post-authoritarian constitutional principle: the rule of law

3.1 No retroactive criminal law

3.2 The protection of acquired rights

4. The second relevant post-authoritarian constitutional principle: equal treatment and equality before the law

4.1 Equal treatment in lustration

4.2 Equal treatment of victims of injustice

5. Other relevant post-authoritarian constitutional principles

6. Conclusion

AZIZ ISMATOVA Failure of Constitutional Revolutions in Central Asia Traditionalism, Nominalism, and Rights

2. The viability of traditionalist settings

3. Soviet positivism (Socialist nominal constitutionalism)

4. A revival of traditionalism and transformation of paternalism, as a prelude to the transition towards a 'new constitutional' era

5. Constitutional rights in books

6. Constitutional rights in practice

6.1 Kazakhstan

6.2 Kyrgyzstan

6.3 Turkmenistan

6.4 Uzbekistan

6.5 Tajikistan

7. Conclusion

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) Russian Federation Interim Opinion on Constitutional Amendments and the Procedure for their Adoption

I. Introduction

II. Scope of the present opinion

III. Chronology of the preparation and adoptionof the constitutional amendments

IV. Analysis of the procedure for the Adoptionof the Constitutional Amendments

A. Speed of preparation of the amendments - consultations

B. Competence of the Constitutional Court

C. Competence of the Constitutional Assembly

D. Ad hoc procedure.

E. Conclusion as to procedure of adoption of the amendments

V. Analysis of the substance of the Constitutional Amendments

A. General issues

1. Constitutionalisation of existing law

2. Separation of powers

B. The position of candidates/office holders

1. Office of the President

2. Requirements for other candidates/office holders

C. The Structure of State Bodies, their Competences and Mutual Relationships

1. Appointment of the Chairman of the Government

2. Appointment of ministers / heads of federal executive authorities

3. Presidential administration vs. Government

4. Forming of the Council of State

5. Appointment of 30 Senators of the Federation Council

6. Reinforced veto power

7. Unified system of public authority - position of constituent entities of the Federation and local self-government

8. Conclusion on changes in structure and competences of state powers

D. The Protection of Social Rights

E. The Basic Values of the State

1. State succession

2. Equality of peoples of the Russian Federation

3. Religion

4. Freedom of expression / scientific freedom

5. Kin-minorities

6. Marriage

7. Non-interference into the internal affairs of the State

F. Judiciary

1. Criteria of eligibility for judicial office

2. Court Presidents

3. Prosecution office

4. Dismissal of highest judges - Constitutional Court / Supreme Court

5. Reduction of the number of judges of the Constitutional Court

6. A priori control by the Constitutional Court

7. Conclusion on the Judiciary

VI. Conclusion

ELENA V. GRITSENKO Federalism and Local Self-Government in the Light of Russia's 2020 Constitutional Reform*

1. Introduction.

2. Unity of the system of public power

3. Delimitation of competencies between the federationand its subjects, competencies of local government

4. National and territorial principles of the structureof the Russian Federation, the territorial basis of local self-government

5. Conclusions

ANDRIY TYUSHKA Revolutionary Constitutionalism Constitutional Order, Contentious Constitutional Politicsand Participatory Constitutional Change in Ukraine since 1990

Introduction

1. Contentious constitutionalism and revolutions: on 'revolutionary constitutionalism'

1.1 Contentious constitutionalism

1.2 Revolutionary constitutionalism

2. Ukraine's contentious constitutional politics, revolution and revolutionary constitutionalism since 1990

2.1 The 1990-1991 Granite Revolution and the 1995-1996 constitution-making

2.2 The 2004 Orange Revolution and the remaking of Ukraine's constitutional order

2.3 The 2010 Blue Counter-Revolution and the breaking of Ukraine's constitutional order

2.4 The 2013-2014 Euromaidan (Dignity) Revolution and Ukraine's restoration constitution-making

2.5 The 2019 Ballot (Counter-)Revolution and the birth of populistconstitutionalism in Ukraine?

DAVIT ZEDELASHVILI Constitutionalism in GeorgiaInternal Contradictions and Confrontations with Abuse

2. Beyond Transition Paradigm: Constitutional correlates of the hybrid regime

3. Georgia's 1995 constitution at its founding: laying the constitutional superstructure for the illiberal political regime

4. Electoral rules and weak constitutional entrenchment -the roots of abusive constitutional change

5. Entrenched power of judicial bureaucracy and the consolidation of abusive judicial review

6. Checks and balances off the scale - Is executive dominancethe root of all the ills of Georgia's constitutionalism?.

ANAHIT MANASYAN Constitutionalism in the Republic of Armenia Contemporary Challenges and Prospects for Evolution

2. History of the Armenian Constitutionalism

3. Armenian Constitutionalism after the Restoration of Independence

3.1 Declaration of Independence of Armeniaand 1995 Constitution of the Republic of Armenia

3.2 2005 Constitutional Amendments

3.3 2015 Constitutional Amendments

4. Contemporary Challenges of the Developmentof the Armenian Constitutionalism

4.1 The Balance Between Constitutional Stabilityand Constitutional Development

4.2 Visible Constitutional Necessity as a Fundamental Precondition for Textual Constitutional Amendment

4.3 The Role of the Constitutional Court in contributing to the Development of the Constitution

4.4 Constitutional and Political Culture as an Important Element for Proper Constitutional Development

5. Conclusion

CEYHUN QARACAYEV The Constitutional Development of the Republic of Azerbaijan

1. The Historical Roots of Constitutionalism in Azerbaijan

2. The Main Provisions of the Modern Constitution of Azerbaijan

3. Legal Basis for Changes and Amendments to the Constitution

4. The Main Stages and Directions of Constitutional Reforms in Azerbaijan

5. The Constitutional Significance of Strengthening the Principle of Legal Certainty

6. Judicial review as a constitutional value

7. Constitutional growth of the judicial system in Azerbaijan

8. 2016 Constitutional Reforms: Main Goals and Objectives

8.1 Constitutional Reinforcement of Social Justice

8.2 Modernizing the electoral process

8.3 Provide the mechanism for the protection of human rights and freedoms

8.4 Development and improvement of the constitutional systemof public administration

8.5 Constitutional Development of Local Self-Governmentin the Republic of Azerbaijan.

MUNKHSAIKHAN ODONKHUU Judicial Independence and Accountability in Mongolia

2. Destroying "the Tunnel of Injustice: "the President and the Chief Judges

3. Judicial Councils in Comparative Perspective

4. The 2019 Constitutional Amendments: The Judicial General Council, Judicial Selection and Appointment

5. The 2019 Constitutional Amendments: The Judicial Disciplinary Committee and the Judicial Disciplinary Procedure

IKHYEON RHEE / HWANYONG CHOI The Constitutional Court of KoreaIts Role for Constitutionalism

2. Establishment of the Court and History of the Constitutional Review System

2.1 Composition and Jurisdiction

2.2 History of the Constitutional Review System

2.3 Past Experiences Reflected in the Constitution and the Court

3. Role of the Court for the Development of Constitutionalism in Korea

3.1 Achievements: Central Player for the Development of Constitutionalism

3.2 Some Concerns

3.3 In summary

4. Conclusion: Challenges and Expectations

ALIIA MARALBAEVA Constitutional Review in the Kyrgyz Republic*

2. The Concept of Transformative Constitutionalism

3. Brief History of Constitutional Review in Kyrgyzstan

4. Institutional Design of the Kyrgyz Constitutional Chamber

4.1 The Institution of the Constitutional Chamber

4.2 Appointment of Justices

5. Transformative Constitutionalism in the Context of Kyrgyzstan: Human Rights Adjudication and Separation of Powers

5.1 Access to justice and the right to effective remedy cases

5.2 Socio-economic rights cases

5.3 Separation of powers cases

Appendix

AKMAL SAIDOV Constitutional Development of Uzbekistan and Japan Comparative Analysis

Outline

1. Trends and features of the constitutional development of Uzbekistan.

2. Features of the constitutional history of Japan.

Notes:

Description based upon print version of record.

Description based on print version record.

Other Format:

Print version: Ismatov, Aziz Dynamics of Contemporary Constitutionalism in Eurasia

ISBN:

3-8305-4389-1