Constitutional Law at Kazakhstan
Constitutional law in Kazakhstan is based on the Constitution of Kazakhstan, which was adopted on August 30, 1995 after gaining independence from the Soviet Union in 1991. This document serves as the supreme law of the country, and it outlines the fundamental principles of governance, human rights, and the structure of the state.
1. Historical Context
Soviet Era: Before gaining independence in 1991, Kazakhstan was part of the Soviet Union. During this time, the legal system followed Soviet models, and the country had little autonomy in terms of its legal and constitutional framework.
Independence: Following the dissolution of the Soviet Union, Kazakhstan declared its independence on December 16, 1991, and began the process of establishing its own legal and political system, culminating in the adoption of its Constitution in 1995.
Constitutional Amendments: The Constitution has been amended several times since its adoption, with notable changes occurring in 2007, 2011, and 2017. These amendments have expanded the powers of the Presidency and made adjustments to governance structures.
2. Structure of the Constitution
The Constitution of Kazakhstan consists of a preamble and nine sections (with a total of 98 articles) that lay the foundation for the state's legal, political, and social order. Key areas covered by the Constitution include:
The organization of the government.
The rights and freedoms of citizens.
The economic system.
The territorial integrity and sovereignty of Kazakhstan.
3. Key Principles of the Constitution
Sovereignty and Independence: Kazakhstan is an independent, sovereign state, and its Constitution declares the territorial integrity of the country (Article 1).
Republican Form of Government: The Constitution establishes Kazakhstan as a republic with a unitary form of government, where power rests with the people, and the government is based on democratic principles.
Separation of Powers: The Constitution establishes a system of checks and balances between the branches of government: the executive, the legislative, and the judicial branches.
4. Government Structure
Executive Branch
President: The President of Kazakhstan is the head of state and the most powerful figure in the country. The Constitution grants the President significant executive powers, including control over foreign policy, the military, and the judiciary. The President is directly elected by the people for a seven-year term. Although the President has historically held immense power, recent reforms have aimed at reducing the centralization of power in the office.
Prime Minister: The Prime Minister is appointed by the President and is the head of the government. The Prime Minister oversees the day-to-day operations of the government, implementing policy and managing government ministries.
Cabinet of Ministers: The Cabinet is responsible for the executive administration of the country, under the direction of the Prime Minister. The members of the Cabinet are appointed by the President.
Legislative Branch
Parliament: The legislature of Kazakhstan is bicameral and consists of:
Mazhilis (Lower House): Composed of 107 deputies, with members elected for a five-year term. The Mazhilis is responsible for drafting and passing legislation.
Senate (Upper House): Composed of 47 members, some of whom are appointed by the President and others elected by regional assemblies. The Senate plays a revising role, and its members serve for six years.
The Parliament is responsible for making laws, approving the budget, and overseeing the executive.
Judicial Branch
Independent Judiciary: The Constitution guarantees the independence of the judiciary, ensuring that the courts are free from interference by the executive and legislative branches.
Supreme Court: The highest court in Kazakhstan, which has the authority to interpret the Constitution, resolve legal disputes, and ensure that laws conform to the Constitution. The Supreme Court also plays an important role in the administration of justice and judicial review.
Constitutional Council: The Constitutional Council is responsible for ensuring that laws and other legal acts are in conformity with the Constitution. It can review laws passed by Parliament and provide rulings on constitutional issues.
5. Fundamental Rights and Freedoms
The Constitution guarantees a range of fundamental rights and freedoms for citizens, including:
Civil Rights: Protection against discrimination, the right to life, personal liberty, and property.
Political Rights: The right to participate in elections and form political parties.
Economic Rights: The right to own property and engage in business.
Cultural Rights: The right to access education, cultural expression, and to speak and write in one’s language.
Freedom of Expression: The Constitution guarantees freedom of speech, though there are limits on the expression of ideas that may incite violence or harm public order.
However, some rights are subject to limitations, especially in cases of national security or public order, and critics have argued that the government has sometimes curbed certain freedoms in practice, especially political opposition and freedom of the press.
6. Amendments to the Constitution
Amendment Process: The Constitution can be amended by the Parliament of Kazakhstan. Amendments can be proposed by the President or by members of Parliament. A proposed amendment must be approved by a two-thirds majority in both chambers of Parliament. Some changes to the Constitution require a national referendum, especially those that concern the powers of the President or the structure of government.
Notable Amendments:
2007: Constitutional amendments were made that reduced the President’s powers in relation to Parliament, including limiting the President’s ability to dissolve Parliament.
2017: Further reforms aimed at reducing the concentration of power in the presidency by enhancing the role of Parliament and the Prime Minister, while retaining strong presidential influence.
7. Judicial Review and the Role of the Constitutional Council
Judicial Review: Kazakhstan’s Constitutional Council plays a critical role in ensuring that laws passed by the Parliament are in compliance with the Constitution. It has the authority to interpret the Constitution and review legal acts to determine their conformity with the Constitution.
Independent Judiciary: While the judiciary is constitutionally independent, concerns have been raised about the extent to which it can act free from political influence, particularly in a system where the executive branch holds significant power.
8. The Relationship Between Kazakhstan and International Law
Kazakhstan is a member of the United Nations, the Eurasian Economic Union, and various other international organizations.
The Constitution asserts that Kazakhstan is committed to upholding international law and international agreements to which it is a party. As such, Kazakhstan is subject to various human rights treaties and conventions.
9. Political System and Challenges
While Kazakhstan is officially a republic with democratic principles enshrined in the Constitution, it has been characterized by a strong executive and centralized political control, particularly under the leadership of Nursultan Nazarbayev, who served as President from 1991 to 2019. Despite constitutional changes that have tried to distribute power more equally between the executive, legislative, and judicial branches, Kazakhstan remains an authoritarian state in practice, with limits on political freedoms, media freedom, and opposition activities.
10. Key Constitutional Principles in Kazakhstan:
Sovereignty: Kazakhstan is an independent and sovereign state, with territorial integrity guaranteed by the Constitution.
Separation of Powers: Clear separation between the executive, legislative, and judicial branches, although the executive remains dominant.
Human Rights: A broad framework for protecting rights, though some rights are limited in practice.
Rule of Law: The legal system is based on the principle of the rule of law, although critics argue that the system is often influenced by the executive branch.
Presidential Dominance: The Constitution vests significant powers in the President, though recent reforms have aimed to balance this power by strengthening other branches of government.
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