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

Description

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, neo-liberalism 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. Pictorial Narrative The Independent Central Asian Republics: Mythical Frontiers. The Romanov Imperial crown on double-headed eagle, to the left, and Soviet Union’s sickle and hammer with red star, to the right, converge on a yurt etched with the year 1991. This part of the composition refers to the continuous Russian political dominance from the 19th century up to 1991 when the Central Asian Republics achieved independence. Over the yurt, the crescent moon with rising star symbolises Islam, the common religion of the Republics. To the right Tamerlane(), the iconic founder of the Timurid Empire, recalls the medieval Turco-Persian splendour of the ‘heart of the world.’ Tajikistan’s flag forms part of Tamerlane’s crown—a blazing sun radiates from Kyrgyzstan’s flag and envelopes his left arm. Adjoining the yurt is Norman Foster’s Pyramid of Peace and Accord in Astana (capital of Kazakstan). Uzbekistan’s flag occupies the other side of the pyramid. Kazakstan’s flag is stretched across the bottom right corner. Turkmenistan’s flag is spread in front of the pyramid. The composition concludes with a solitary swordsman and his white horse() under a starry night—capturing the nomadic past of the steppes and the spirit of adventure. Putachad Artist A Contextual Analysis Contents Introduction FIRST PRINCIPLES: CONSTITUTIONAL ORDERS, CONSTITUTIONAL FUNCTIONS, CONSTITUTIONAL PROCESSES METHODOLOGY AND SCHOOLS OF THOUGHT PLAN OF THE WORK FURTHER READING 1 Constitutional Overview UZBEKISTAN TURKMENISTAN KAZAKHSTAN TAJIKISTAN KYRGYZSTAN FURTHER READING 2 Red Origins 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 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 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 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 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 Identity: Who, the People? Citizenship and Ethnicity (‘ Nationality’) Federalism, Devolution Language Culture Religion Local and Regional Government FURTHER READING Tables of
Authorities TABLE OF CASES TREATIES AND INTERNATIONAL DOCUMENTS/REPORTS TABLE OF LEGISLATION OTHER NATIONAL LEGISLATION LEGISLATION OF THE CENTRAL ASIAN REPUBLICS 1. CONSTITUTIONS AND AMENDMENTS 2. CONSTITUTIONAL LAWS, CODICES, OTHER FUNDAMENTAL LEGISLATION 3. PRESIDENCY 4. PARLIAMENT 5. GOVERNMENT, CIVIL SERVICE, ANTI-CORRUPTION 6. ELECTIONS AND PARTIES 7. JUDICIARY JUSTICE, CRIME, SECURITY 8. RIGHTS PROTECTION 9. CIVIL, COMMERCIAL, AND ECONOMIC LEGISLATION 10. SOCIAL LEGISLATION 11. LOCAL GOVERNMENT 12. CITIZENSHIP, ASSOCIATION, RELIGION, MEDIA, LANGUAGE, EDUCATION WEBSITES OF STATE AUTHORITIES Index