Ismatov Aziz is an Assistant Professor at the Center for Asian Legal Exchange (CALE), Nagoya University, Japan. He completed his LLM and LLD in International Human Rights Law at the Graduate School of Law at Nagoya University, and prior to that, he graduated with an LLB in International Law from the University of World Economy and Diplomacy (Uzbekistan). In his current position, Ismatov is engaged in legal cooperation, research and education in Asia. Ismatov’s research centers specifically on countries in transition from socialism to a market economy. In his publications (for example) “Equal Citizenship, Language, and Ethnicity Dilemmas in the Context of the Post-socialist Legal Reforms in Central Asia.” (Palgrave Macmillan, 2019), he focuses on human rights, democracy, and the rule of law dilemmas in the post-socialist command type states.
Do the Challenges of the 21st Century Show on Asia’s (Post)-Socialist, (Post)-Authoritarian Constitutions?
A unique colonial and socialist context formed Asian constitutionalism as one historical phenomenon and shaped its understanding with ‘authoritarianism’ as one axis. Simultaneously, Asian constitutionalism can be viewed as a complex phenomenon that is differently conceptualized in the various Asian sub-regions and states. Furthermore, as Asian tendencies go hand-by-hand with specific (post-) socialist tendencies, it is not always easy to differentiate between overarching post-socialist and genuine Asian developments. This research first addresses the questions related to the evolution and distinctiveness of Asian Constitutional law and normative concept of the constitution within the contexts of decolonization and regionalization. It addresses the complexity and nuances of Asian constitutional systems (Vietnam, Myanmar, and Uzbekistan) and constitutions which emerged within the (post-) socialist transition. Another comparative group includes two East European formerly socialist countries (Russia and Hungary). This comparative method contrasts the named Asian states with two East European nations as a sort of counter-test. Yet, the focus remains on Asia. Thus, it becomes clearer which elements of the existing constitutional orders and cultures are genuinely (post) authoritarian/(post) socialist and what is genuine ‘Asian’ or typically shared by Asian countries. Eventually, it will focus on global constitutional challenges and discuss their reflection in Asian Constitutions. These challenges include, inter alia, human rights, climate change, demographics including urbanization as a specific Asian demographic challenge, a multilateral political and economic world order, with the parallel tendency of regional integration in order to find a new place in that world order.