Constitutional
Developments and Human Rights
The core of a functioning
judicial system is of crucial importance
for the security and stability of individual
states, especially in post-conflict situations.
The adoption of a Constitution is the primary
vehicle for the establishment of a state's
institutional foundations. A Constitution
with a functioning protection for human
rights and freedoms must also be considered
one of the most important pillars of democracy.
As in the case of Afghanistan, a Constitution
can also have an ambition of contributing
to conflict prevention. From an international
perspective, there is an increasing concern
and interest for functioning legal systems
in combination with effective law enforcement
and military structures in countries in
transition, not least in the Silk Road area.
Within the framework of this project, constitutional
development are studied in states that are
in various forms of state-building processes
either due to post-conflict situations or
to the collapse of the Soviet Union. A specific
emphasis is put on the division of powers,
human rights and freedoms, as well as mechanisms
for their implementation such as constitutional
courts, the institution of ombudsmen, the
court system in general as well as customs
and law enforcement. Legislation relevant
to the struggle against transnational crime
is an additional focus area.
Given that many of these states have a weak
tradition of liberal democracy or the rule
of law, their specific history and religious
traditions are taken into account, as these
factors, among other, contribute to the
actual outcome of judicial reforms. Factors
that must be taken into consideration are
in some cases the importance of religion,
as in Afghanistan, but also regional and
local traditions, socio-economic conditions,
and corruption. Research under the auspices
of this project is currently being conducted
on Russia, the Baltic States, and Afghanistan.
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Primary
Researchers
Anna Jonsson, LL.D., Project
Director
Recent
Publications
Anna Jonsson, Judicial Review and Individual Legal Activism: The Case of Russia in Theoretical Perspective, Uppsala: Uppsala University, 2005, 351 pp.
Anna Jonsson, "The Constitutional
Court of the Russian Federation and Individual
Legal Activism", Uppsala University
Yearbook of East European Law 2003,
ed., Kaj Hobér, London, Wildy, Simmonds
& Hill Publishing, 2004: pp. 91-121.
Anna Jonsson, "Slovenien, en solskenhistoria", Nordiskt östforum, No 1, 2004,
Temanummer Centraleuropa inför EUs östutvidgning,
2004: pp. 73-89.
Anna Jonsson, "Russia - a fragile legal
system" (with Anders Fogelklou), in Consolidating
Legal Reform in Central- and Eastern Europe,
eds., Anders Fogelklou, Fredrik Sterzel,
Uppsala, IUSTUS, 2003: pp. 233-268.
Jonsson, Anna, "Den enskilde och
staten - att påverka eller påverkas [The
Individual and the State: Influencing
and being Influenced], Nordic Journal
of Human Rights. Vol. 21, Nr 2:2003,
pp. 129-146.
Jonsson, Anna, "Constitutionalism
and Changing Concepts of Rights. The Case
of Slovenia, October 2003, Working
Papers, Department of East European
Studies, Uppsala University.
Jonsson, Anna, Chapter on "Russia
with Anders Fogelklou in Consolidating
Legal Reform in Central- and Eastern Europe,
Uppsala, IUSTUS, 2003.
Jonsson, Anna, "Afghanistan's
Draft Constitution: A Legal Assessment",
Silk Road Policy Brief, 5 November
2003.
Jonsson, Anna, "Lagprövning
och individuell rättslig aktivism i Ryssland," [Judicial Review and Individual Legal
Activism in Russia] Nordisk östforum,
Nr 3, 2002, pp. 267-282.
Jonsson, Anna, "Det blir kallare
i Moskva. Rysslands utveckling och politiska
klimat", [Its Getting Colder in Moscow], Inblick, Nr. 1, feb - april,
2003.
Jonsson, Anna, Book Review of Anne Nivats
Chienne de Guerre: A Woman Reporter Behind
the Lines of the War in Chechnya, Inblick,
Nr. 1, feb - april, 2003.
Jonsson, Anna, "Nödvändiga bilder
av kriget," Kristianstadsbladet,
2003-02-15.
Jonsson, Anna, "The Constitutional
Court of the Russian Federation, 1997-2001," 2002 October. Working Papers, 73,
Department of East European Studies, Uppsala
University.
Jonsson, Anna, "Putin på väg mot
presidentposten?", Inblick Östeuropa,
nr 3, 2000.
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