| Project/Area Number |
17330001
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Nagoya University |
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Principal Investigator |
SUGIURA Kazutaka Nagoya University, Graduate School of Law, Professor (40154463)
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| Co-Investigator(Kenkyū-buntansha) |
OHE Taiichiro Shizuoka University, Law School, Professor (00097221)
KOMORIDA Akio University of Tokyo, Institute of Social Science, Professor (30103906)
OHKOHCHI Minori Niigata University, Institute of Humanities, Social Science and Education, Associate Professor (20345838)
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| Project Period (FY) |
2005 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥8,280,000 (Direct Cost: ¥7,800,000、Indirect Cost: ¥480,000)
Fiscal Year 2007: ¥2,080,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥480,000)
Fiscal Year 2006: ¥2,600,000 (Direct Cost: ¥2,600,000)
Fiscal Year 2005: ¥3,600,000 (Direct Cost: ¥3,600,000)
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| Keywords | Basic Jurisprudence / Central Asia / Constitutional Court / Constitutional Council / Constitutionalism / Human Rights / Legal Culture / Transplant of Law |
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| Research Abstract |
This research was aimed at clarifying the problems and the significance today of the attempt to "transplant" constitutionalism in order to implement "market economy" "democracy" and "human rights" in Central Asian counties, particularly Uzbekistan, Kazakhstan, and Kyrgyzstan-the farmer republics of the USSR-by analyzing the system of judicial review and its actual operations in these countries. The research was based on the premise that "market economy", "democracy" and "human rights", which have been perceived as universal values since the end of the Cold War, are three interrelated factors. From a comparative perspective, the Russian Constitutional Court judgments related to the issue of constitutionalism, particularly regarding the principles of separation of powers (including the relationship between the federal government and the local autonomous entities), economic freedoms, political and personality rights and freedoms (including the right to participate in political activities)
… More
will also be examined.
As a result, in the cases of Uzbekistan and Kazakhstan, since the authoritarian political system putting the President in the center of all powers is incompatible with these constitutionalist attempts, "transplantation" of constitutionalism and its localization are faced by difficulties and apparently need much more time to complete. In short, it becomes near that the issue of making"transplanted" constitutionalism take mot in these two counties is closely connected to the question of reforming the authoritarian political system. Then in the case of the Kyrgyz Republic, there is no stability in the political system. As indicated by the fact that there are arguments for abandonment of the Constitutional Court which used to be very active in protecting individual rights, "transplantation" of constitutionalism is also having difficulties in taking root there. Much time is apparently needed before this may happen.
For more details please refer to the report on the research outcomes Less
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