scholarly journals Socio-Economic Origins of Constitutional Review in Central Asia: Political Economy and Politico-Historical Context as Defining Factors

2021 ◽  
Vol 7 (2) ◽  
pp. 300
Author(s):  
Saniia Toktogazieva
Keyword(s):  
Central Asia ◽  
Judicial Review ◽  
Institutional Design ◽  
Historical Context ◽  
Constitutional Courts ◽  
Economic Interests ◽  
Constitutional Review ◽  
Central Asian ◽  
Comparative Constitutional Law ◽  
Global Discourse

This article pursues two main objectives. First, to identify the main factors behind the establishment of constitutional review in Central Asia. Second, to define how those factors have shaped the institutional design of constitutional courts. In doing so, this article revisits standard theories of comparative constitutional law in terms of the origin of judicial review. While the insurance theory dominates the present global discourse on judicial review, it cannot completely and accurately account for the origin of constitutional review in Central Asia. Rather, this article conveys that the main impetus and motivation behind the establishment of constitutional courts and their institutional designs has been the economic interests of Central Asian states, determined by the region’s political and historical context.

scholarly journals Possibilities and limits of the Implementation of the Policy of EU in Central Asia

2016 ◽  
pp. 27-36 ◽  
Author(s):  
L. Gusev
Keyword(s):  
European Union ◽  
Central Asia ◽  
The European Union ◽  
Asian Countries ◽  
Economic Interests ◽  
Eu Policy ◽  
Bilateral Relations ◽  
Central Asian ◽  
Central Asian Countries ◽  
The Eu

In this paper the author considers policy of the European Union in the Central Asia. The author analyzes an updated EU strategy for the Central Asia and emphasizes its pragmatism, based on individual economic interests of the Central Asian countries in promoting bilateral relations. In the offered paper is also considered the evolution of the EU policy in the Central Asia.

scholarly journals Filling the Hole in Indonesia’s Constitutional System: Constitutional Courts and the Review of Regulations in a Split Jurisdiction

2018 ◽  
Vol 4 (1) ◽  
pp. 27
Author(s):  
Tim Lindsey
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Civil Law ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
The Real ◽  
The Supreme Court ◽  
Constitutional System ◽  
Do So

The Indonesian constitutional system contains a serious flaw that means that the constitutionality of a large number of laws cannot be determined by any court. Although the jurisdiction for the judicial review of laws is split between the Constitutional Court and the Supreme Court, neither can review the constitutionality of subordinate regulations. This is problematic because in Indonesia the real substance of statutes is often found in implementing regulations, of which there are very many. This paper argues that that is open to the Constitutional Court to reconsider its position on review of regulations in order to remedy this problem. It could do so by interpreting its power of judicial review of statutes to extend to laws below the level of statutes. The paper begins with a brief account of how Indonesia came to have a system of judicial constitutional review that is restricted to statutes. It then examines the experience of South Korea’s Constitutional Court, a court in an Asian civil law country with a split jurisdiction for judicial review of laws like Indonesia’s. Despite controversy, this court has been able to interpret its powers to constitutionally invalidate statutes in such a way as to extend them to subordinate regulations as well. This paper argues that Indonesia’s Constitutional Court should follow South Korea’s example, in order to prevent the possibility of constitutionalism being subverted by unconstitutional subordinate regulations.

China's Energy Security and Eurasian Diplomacy: The Case of Turkmenistan

Politics ◽  
2007 ◽  
Vol 27 (3) ◽  
pp. 147-155 ◽  
Author(s):  
Marc Lanteigne
Keyword(s):  
Natural Gas ◽  
Central Asia ◽  
Energy Security ◽  
Oil And Gas ◽  
Leadership Transition ◽  
Economic Interests ◽  
Central Asian ◽  
Energy Trade ◽  
Trading Partners ◽  
Energy Diplomacy

China has made significant strides in developing energy diplomacy in the former Soviet states of Central Asia in the name of diversifying its trading partners. However, the case of Turkmenistan, currently undergoing a complicated leadership transition, provides evidence of China's potential limitations in engaging Central Asia in the hopes of securing nearby sources of oil and gas. The ongoing problems of post-Soviet governance in Ashgabat and increasing competition for Turkmen natural gas suggest that Beijing may have to better define its economic interests there and allow for increased regional co-operation building to better manage its Central Asian energy trade.

Afghanistan 2014: Shadows over Central Asia?

2013 ◽  
Vol 24 (2) ◽  
pp. 137-148 ◽  
Author(s):  
Uwe Halbach
Keyword(s):  
Central Asia ◽  
Drug Trafficking ◽  
Silk Road ◽  
Specific Reference ◽  
Economic Interests ◽  
Cross Border ◽  
Central Asian

How will the withdrawal of ISAF forces from Afghanistan in 2014 affect the states of Central Asia and other parties with interests in the region? What will the effect be on economic interests (the “New Silk Road”) and will risks such as drug trafficking and cross-border terrorism increase? This paper considers these questions with specific reference to the Afghanistan policies of the Central Asian states.

scholarly journals Post-Soviet Central Asia in the Focus of Interests of Major Asian States (2019-2020)

2021 ◽  
Vol 14 (2) ◽  
pp. 82-99
Author(s):  
D. B. Malysheva
Keyword(s):  
Central Asia ◽  
Regional Security ◽  
Economic Interests ◽  
The Sustainable Development ◽  
Central Asian ◽  
Political Cooperation ◽  
Independent States ◽  
Belt And Road ◽  
Economic Landscape ◽  
Soviet Central Asia

The study aims at identifying some areas of international political interaction between post-Soviet Central Asian states and the major economic powers of Asia -China, India and Japan. The task is to determine their interests in the Central Asian region with an emphasis on the political component. The current state of political cooperation between China, India, Japan and the countries of Central Asia is considered. Their joint efforts to solve the problems and threats facing the sustainable development of the region are characterized, while overcoming those problems occurs within the framework of the formation of both bilateral and multilateral relations. The dynamics of political and military interaction between China and its Central Asian partners is revealed. It is shown that the regional security sphere is directly linked by China with the problem of protecting its own economic interests in the countries undergoing its Belt and Road program, aimed at changing the economic landscape not only in Central Asia, but throughout Asia. India and Japan, whose positions have come closer against the background of rising China, has defined their own strategies for Central Asia. Politics of major Asian powers in post-Soviet Central Asia are analyzed through the prism of the emergence of a polycentric world in Asia. Its distinctive features are: the emergence of new regional “centers of power”; their confrontation along the line of Sino-Pakistani, Sino-Indian rivalries; involvement of external players (the U.S.) in regional processes. In this regard, attention is drawn to the activities of such a multilateral international structure as the Shanghai Cooperation Organization (SCO), as well as to the development of alternative infrastructure projects and concepts - QUAD, Indo-Pacific, Blue Dot Network. The results of the study are formulated in the following conclusion: the countries of Central Asia and the major regional economic powers in Asia base their relations on the foundation of mutually beneficial interests and equal partnership of independent states.

scholarly journals The Constitutional Review of the Clarity of Referenda Questions

2020 ◽  
Vol 20 (4) ◽  
pp. 761-793
Author(s):  
Matija Miloš
Keyword(s):  
Judicial Review ◽  
Individual Case ◽  
Constitutional Democracy ◽  
Legal Argument ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Political Response ◽  
Specific Manner ◽  
Complete Rejection ◽  
Context Specific

The paper explores the requirement of clarity of referenda questions. More specifically, it revisits the critique levelled against its enforcement by (constitutional) courts. Some scholars argue that clarity cannot be specified through apolitical reasoning and that politically unaccountable judges do not have the legitimacy to narrow down its meaning. While the paper does not dispute the indeterminacy of clarity, it does suggest an alternative to the complete rejection of judicial review. Such a rejection assumes that all cases of judicial oversight of clarity are of the same type. A more nuanced perspective, developed in the paper, strives to find ways to differentiate cases where judicial oversight was conducted in a manner that facilitates democratic processes from those where the legal argument is deployed as an obstruction. This is impossible to do outside each individual case. Having this in mind, the paper shows how judicial review of clarity may be understood as a project of describing different democratic processes that may co-exist in a constitutional democracy. This allows the courts to apply clarity in a context-specific manner and enables a more nuanced political response. The framework developed in the paper can be used to investigate individual disputes over the clarity of referendum questions.

ECONOMIC RELATIONS OF GLOBAL POWERS WITH CENTRAL ASIA

2021 ◽  
Vol 8 (20) ◽  
pp. 123-136
Author(s):  
Sabina Malikova
Keyword(s):  
Central Asia ◽  
Great Powers ◽  
Economic Interests ◽  
Economic Relations ◽  
Religious Conflicts ◽  
Central Asian ◽  
The World ◽  
Divide And Rule ◽  
Power Center ◽  
Global Powers

The dominant worldpowers, whose qualification of being a power center got stronger with globalization, have had a structure that affects everywhere. These powers could not be expected tore main in different to Central Asia. Because the Central Asia Region has an interesting structure with it srich underground and above ground resources. Considered as the first homeland of the Turks, Central Asia is a part of the world that has always been the domain of sovereignty wars in the historical process. The Turks, who have been living in Central Asia since the earliest times of history, have been in the struggle of the world's global powers. The great effects of the global competition, sometimes between the great powers with in there gionand sometimes by the powers outside the region, have always been felt. Russia and China have more opportunities in Central Asia than distant global powers. For this reason, various invasions, regional wars, division strategies, in short, power wars in Central Asia have become an unchangeable fate. Inthisstudy, the economic relations in Central Asiaand the position of the global powers, which can also be named as Great Powers, were evaluated with the method of theoretical analysis. As a result of this evaluation, it has been determined that the economic interests of the great powers of the world are effective on the basis of even various regional, ethnological and religious conflicts. Especially Russia and China's divide-and-rule policy has been the determinant of the fate of the Central Asian people for the last three centuries. It was as if the set wopower sagreed with each other and shared and invaded the regions and as a result, the poverty of the societies in Central Asia increased while the exploitation order they formed strengthened themselves.

Who Guards the Guardians?

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Judicial Review ◽  
Judicial Activism ◽  
Constitutional Interpretation ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Constitutional Adjudication

This chapter examines constitutional adjudication as a mechanism designed to ensure that the constitution is properly observed. It begins with an overview of the development of constitutional review power and its prevailing modalities around the globe, focusing primarily on the emergence of specialized constitutional courts. It describes models and variations of constitutional review, along with the politics of apex courts. Turning to the constitutional review of legislation, the chapter considers what interpreting a constitution means in practice and whether fears of judicial self-aggrandizement through constitutional interpretation are justified. Finally, it discusses accusations of judicial activism and deference levelled against apex courts as well as the mounting opposition to judicial review.

scholarly journals The European Two-Level Game in Central Asia: Visegrad Countries and Kazakhstan

2016 ◽  
Vol 17 (2) ◽  
pp. 79-99
Author(s):  
Peter Plenta
Keyword(s):  
Central Asia ◽  
The European Union ◽  
Economic Interests ◽  
Member States ◽  
Economic Relations ◽  
Eu Member States ◽  
Eu Foreign Policy ◽  
Central Asian ◽  
Sensitive Issues ◽  
Visegrád Countries

Since 2007, the European Union has developed a strategy towards Central Asia. Relations with the region have created an opportunity to focus on a wider spectrum of interests across different levels of EU foreign policy. This article examines the “two-level game” between EU member states (from Central Europe) and EU institutions in Brussels regarding economic interests versus values agenda with the focus on Kazakhstan. In this game, the EU’s member states focus on developing trade and economic relations while they let space for the EU’s institutions to discuss sensitive issues, such as democracy promotion and human rights dialogue. This is the case for the Visegrad countries (the Czech Republic, Hungary, Poland and Slovakia) that prefer a pragmatic approach towards Kazakhstan as the most important country in the Central Asian region.

Millet cultivation in Central Asia: A response to Miller et al.

The Holocene ◽  
2017 ◽  
Vol 27 (9) ◽  
pp. 1415-1422 ◽  
Author(s):  
Elizabeth Baker Brite ◽  
Fiona Jane Kidd ◽  
Alison Betts ◽  
Michelle Negus Cleary
Keyword(s):  
Central Asia ◽  
Historical Context ◽  
Land Development ◽  
State Level ◽  
Agricultural Change ◽  
Panicum Miliaceum ◽  
Underlying Assumption ◽  
Central Asian ◽  
First Millennium ◽  
First Millennium Bc

In a recent special issue of The Holocene, Miller et al. review the evidence for the spread of millet ( Panicum miliaceum and Setaria italica) across Eurasia. Among their arguments, they contend that millet cultivation came to Eurasian regions with hot, dry summers when irrigation was introduced, as part of a region-wide shift toward agricultural intensification in the first millennium BC. This hypothesis seems to align with the pattern of agricultural change observed in the Khorezm oasis, a Central Asian polity of the first millennium BC and first millennium AD. While we wholeheartedly accept this hypothesis for its explanatory value regarding trends across Eurasia, in this paper we nevertheless suggest that the introduction of millet to Central Asia needs further explication. Specifically, we seek to address the underlying assumption that this introduction was predicated upon centrally organized, state-level land development, increased sedentism, and the rise of Mesopotamian-style social complexity. We describe how millet cultivation in Khorezm was preceded by multi-resource strategies that included the cultivation of summer crops, and emphasize that this earlier history mattered significantly to the evolution of Khorezmian society and agriculture in the first millennium BC. In contrast to the imperial systems of West Asia, in Khorezm the introduction of complex irrigation works supported the expansion and greater stratification of pre-existing agropastoral lifeways, and helped to buttress the rise of nomadic elites within an agrarian zone. We believe the example of Khorezm is important because it helps to explain the emergence of integrated mobile-sedentist societies in the first millennium AD in Central Asia as a result of agricultural change. It also provides cultural and historical context to the spread of millet cultivation in the first millennium BC, suggesting that this phenomenon had significantly different implications for societies across Eurasia.

Sign in / Sign up

Export Citation Format

Share Document