The American Journal of Political Science Law and Criminology

Comparative Analysis of Constitutional Frameworks, Fundamental Rights, And National Constitutional Identity: A Focus on Selected Jurisdictions

Dr. Javier Ortega — 2025-07-01

This study offers a comparative analysis of constitutional frameworks, fundamental rights, and the evolving concept of national constitutional identity across selected jurisdictions. By examining the structures, values, and interpretative approaches of constitutions from both common law and civil law traditions, the research highlights how different countries articulate and safeguard fundamental rights within their unique legal and cultural contexts. The analysis explores the role of constitutional courts, separation of powers, and amendment procedures in shaping the national identity embedded in constitutional texts. Special attention is given to doctrines such as basic structure, proportionality, and judicial review, as well as the impact of supranational entities like the European Union on domestic constitutional autonomy. The findings underscore the dynamic interplay between universal human rights norms and nationally rooted constitutional principles, offering insights into how states reconcile global constitutionalism with local democratic legitimacy and historical narratives.

International cooperation among countries in combating irregular migration

Xolmirzayeva Shoxista Arziqul qizi — 2025-07-18

Irregular migration poses serious challenges to national security, economic stability, and human rights across the world. No single country can effectively manage or combat irregular migration on its own. This article explores how countries engage in international cooperation to address irregular migration through legal frameworks, bilateral and multilateral agreements, and collaboration with international organizations. The study emphasizes the importance of shared responsibility and coordinated action in promoting safe, orderly, and legal migration worldwide and also this article analyzes the international cooperation of the Republic of Uzbekistan in combating irregular migration, the existing legal frameworks, and ongoing measures. Particular attention is paid to regional and global cooperation mechanisms, bilateral and multilateral agreements, as well as cooperation with international organizations.

Virtual property in the digital age: legal nature and regulatory approaches

Yakubov Akhtam Nusratullaevich — 2025-07-16

What should be the legal mechanisms for the protection of user rights in relation to virtual property, there is no uniform approach to the question of which direction countries should take. Currently, there is no uniform approach to the protection of the user's rights to virtual game property in world jurisprudence. In vertical relations, that is, when considering disputes arising from the relationship between the developer and the user, the courts in most cases prefer to apply the theory of natural obligations and the theory of service provision. In many countries, the transaction of virtual property is not legally regulated. The transfer of virtual game property is considered the transfer of rights of claim to the virtual property by the developer of the game to the participant. The author analyzed the legal description of virtual property, which is considered one of the objects of the digital world, based on national and foreign experience, and analyzed the need to find them as a separate independent object in civil legislation.

Reinforcing entrepreneurs’ economic rights in the age of digital constitutionalism: legal institutions and judicial challenges

Nafisa Aslonova — 2025-07-08

The protection of entrepreneurs’ economic rights is evolving rapidly amid global digital transformation. This article analyzes how constitutional and judicial systems adapt to emerging digital realities, using the case of Uzbekistan as a focal point. It examines how foundational constitutional guarantees, legislative initiatives, and judicial practices shape an environment conducive to entrepreneurial freedom. Special attention is given to challenges in digital justice, such as the handling of digital evidence, cross-border disputes, and cyber risks. The article concludes with strategic recommendations for integrating constitutional safeguards with modern legal tools to protect entrepreneurs in the digital economy.

Licensing of advocacy: the experience of Kazakhstan and Uzbekistan

Sh.Khujayev — 2025-07-08

This article presents a comprehensive comparative analysis of legal advocacy licensing mechanisms in Uzbekistan and Kazakhstan. Given its crucial role in safeguarding the rights and freedoms of individuals and legal entities, advocacy is a subject of significant reform in both jurisdictions. The authors investigate how licensing serves as a key instrument for upholding the professionalism and legal competence of practicing lawyers. The research outlines the constitutional underpinnings, legal frameworks, and practical procedures that regulate advocacy in each nation, with particular emphasis on adherence to international standards such as the UN Basic Principles on the Role of Lawyers (1990) and the IBA Standards.

Furthermore, the paper meticulously examines eligibility criteria, encompassing citizenship, legal education, professional examinations or certification, practical internships, and ethical conduct requirements. It also addresses the integration of e-government platforms for the issuance, monitoring, and control of licenses, identifying shared practices and distinctive features concerning administrative procedures, as well as grounds for the refusal, suspension, and termination of licenses. Through a comparison of legal practices and institutional arrangements, this article illustrates the concerted efforts of both Kazakhstan and Uzbekistan to elevate the quality and integrity of legal services via robust, regulated licensing systems. This study offers valuable insights into the contribution of licensing to legal reform and the fostering of a resilient, independent advocacy system.

Legal policy as a fundamental basis for forming the concept of law‑making policy

Farangiz Bahodirovna — 2025-07-18

This article comprehensively highlights the theoretical and practical aspects of the concept of legal policy, its role and functional significance in public administration. As the subject of the study, legal policy is considered an important direction of state policy. The author analyzes the dual nature of legal policy — as policy based on law, and as law used as an instrument of political governance. The study reveals the theoretical foundations of the interaction between politics and law, emphasizing the need for their balance and consistency as a condition for democratic reforms. The methodological basis includes general theory of law, systematic, functional, and analytical approaches. The article scientifically substantiates the structure of legal policy, its types and forms of expression, in particular, the relationship between lawmaking policy and law enforcement policy. As a result, it is established that effective implementation of legal policy serves as a guarantee of democratic development. The conclusion emphasizes that legal policy represents the nationwide nature of state policy and is the main driving force of legal reforms. This approach contributes to establishing legal policy as an independent and leading category of legal theory.

The concept and types of state control in public services delivery

Salieva Shakhsanem Usnatdinovna — 2025-07-16

This article analyzes the organizational and legal mechanisms for ensuring legality and discipline in the provision of public services in Uzbekistan.

It examines various forms of control (parliamentary, judicial, presidential, governmental, and departmental) and their impact on the quality of public services. Key challenges identified include the absence of comprehensive legislation and the ineffective application of the Law “On Administrative Procedures”. It offers recommendations for improving the regulatory framework and control practices to enhance the transparency and efficiency of the public service system.

Synthetic authors and algorithmic expression: the need for a new international treaty on ai and intellectual property

Shokhjakhon Abdusattorov — 2025-07-14

The rapid advancement of generative artificial intelligence has sparked a fundamental shift in how creative works are produced, challenging the very foundation of intellectual property law. As machines now autonomously generate texts, images, music, and designs, the legal concept of “authorship”-traditionally reserved for human creators - is facing unprecedented ambiguity. This article examines the rise of synthetic authorship, where algorithmically produced content lacks a clear human origin, and explores the inadequacy of existing international legal frameworks in addressing this phenomenon. By analyzing case law, policy developments, and international instruments, the paper argues that current treaties, including the Berne Convention and TRIPS Agreement, fall short in offering coherent protection or regulation for AI-generated works. It advocates for the development of a new international treaty specifically tailored to address the authorship, ownership, and enforcement of intellectual property rights in the context of autonomous artificial creativity. Such a treaty must reconcile technological innovation with the preservation of legal certainty, artistic integrity, and global harmonization of IP norms in the age of machine-made expression.

Actual problems in the process of regulating prosecutor's inspection over the execution of laws and the ways of eliminating them

KOMILOV Avazbek Bokijonovich — 2025-07-08

This article explores actual problems in the process of regulating prosecutor's inspection over the execution of laws and the ways of eliminating them. The author argues that developing and refining the legal basis for prosecutorial inspections is of significant importance today, and the issue remains highly relevant. Uzbekistan's national legislation, along with the internal regulatory documents of its prosecutorial bodies, is in urgent need of comprehensive improvement in this area. Presently, the legal regulation of prosecutorial inspections is still in its early stages.

By adjusting the process for initiating and conducting prosecutorial inspections – through the Law of the Republic of Uzbekistan “On the Prosecutor’s Office” and the directives of the Prosecutor General – several key results can be achieved: a fundamental transformation in how prosecutors approach inspections; the prevention of unjustified interference in the operations of inspected entities; the protection of the rights and interests of those entities; the establishment of a formal right to appeal prosecutorial actions and decisions; and, importantly, the strengthening of personal responsibility and accountability among prosecutors regarding inspection-related decisions. Moreover, such legal regulation would shift the focus of inspections from quantity to quality, thereby significantly enhancing their overall efficiency and impact. To address these challenges, the author presents a set of scientifically grounded and practically applicable proposals and recommendations.