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.

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.

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.