CEU Electronic Theses and Dissertations, 2010
| Author | Imaralieva, Uulkan |
|---|---|
| Title | NEUTRALITY IN CONSTITUTIONAL ADJUDICATION IN DISPUTES BETWEEN THE POLITICAL BRANCHES: A COMPARATIVE ANALYSIS OF THE ROLE OF THE CONSTITUTIONAL COURTS OF THE KYRGYZ REPUBLIC, RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY |
| Summary | The thesis is a comparative analysis of the extent of neutrality in adjudication that constitutional courts of Germany, Russia and the Kyrgyz Republic maintain when they solve disputes between the executive and legislative branches by focusing on legal and political restraints that directly affect the neutral adjudication and the actual performance of the courts in such disputes. The research demonstrates that although the legal framework in the three jurisdictions places courts on approximately the same level, in terms of degree of neutrality the courts differ significantly, with the Kyrgyz Constitutional Court holding the least of degree among the three courts for its somewhat dubious reasonings and obvious indulgences towards the President, because of its comparatively greater exposure to politics. Therefore, recommendations on the improvement of the Kyrgyz constitutional justice system will be provided as well. |
| Supervisor | Blankenagel, Alexander |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/imaralieva_uulkan.pdf |
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