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p-Index From 2021 - 2026
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This Author published in this journals
All Journal Constitutional Review
Saniia Toktogazieva
Law Division, American University of Central Asia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Socio-Economic Origins of Constitutional Review in Central Asia: Political Economy and Politico-Historical Context as Defining Factors Saniia Toktogazieva
Constitutional Review Vol 7, No 2 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/consrev725

Abstract

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.
Constitution without Constitutionalism? Challenges to constitutionalism in the Kyrgyz Republic Saniia Toktogazieva
Constitutional Review Vol 5, No 2 (2019)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (302.198 KB) | DOI: 10.31078/consrev524

Abstract

Application of basic principles revolving around the constitutionalism into third wave democracies, produced such phenomenon as constitutions “without constitutionalism”. This paper will revisit and discuss this issue in the context of the Kyrgyz Republic. Main argument and thesis of the paper is following: Where a viable balance of power exists, a constitutional court acquires importance as a key element of that order, thus promoting the constitutionalism. If no such balance exists, the constitutional court will soon become a tool of the more dominant powers and thus lose its relevance for a genuine constitutional order. The abovementioned thesis will be demonstrated by the example of the work of Constitutional Court of the Kyrgyz Republic. Mainly it first aims at providing a proper foundation and basic understanding of constitutionalism, further revisiting this concept in the context of Former Soviet Union and finally will discuss the development of constitutionalism in Kyrgyzstan along with challenges faced by the court.
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