CEU Electronic Theses and Dissertations, 2019
| Author | Toktogazieva, Saniia |
|---|---|
| Title | Constitutional Review in Transition: Central Asian Constitutional Courts in Comparative Perspective |
| Summary | This dissertation presents the analysis of Central Asian constitutional courts with comparative perspectives from South Korea and Taiwan. The dissertation claims that the constitution is a holistic project, and the research on constitutional courts should also involve a holistic approach. Constitutional courts, especially in new democracies, do not operate in a vacuum and in order to better understand and have a comprehensive picture of their work, constitutional courts must be placed in a broader legal, political, geopolitical, historical and economic context. The central premise of the dissertation is that these broader factors and contexts in line with constitutional design and architecture have a direct impact on the success or failure of constitutional review in new democracies. With these premises in mind, and employing a comparative legal approach in combination with contextual political, historical, geopolitical analysis, the current thesis presents a study constitutional courts of Kyrgyzstan and Kazakhstan with comparative perspectives from Uzbekistan, Tajikistan, South Korea, and Taiwan. �The primary research questions of the dissertation are: first, what constitutional and extra-constitutional frameworks and factors caused the failure of constitutional review in Central Asia? Second, how to strengthen the potential of these courts towards success? Third, what is the added value of the comparative study of Central Asian and East Asian constitutional courts to the existing global discourse on judicial review? |
| Supervisor | Uitz, Renata |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2019/toktogazieva_saniia.pdf |
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