20) The main differences of constitutional law from close subjects

Differences between Constitutional & Administrative Law

Constitutional law and administrative law both are concerned with functions of government, both are a part of public law in the modern state and the sources of the both are the same – THE PUBLIC

• The administrative law is an addition of the constitutional law

• The structure of the legislature and executive comes within the purview of the constitutional law but there functioning comes within the specialty of administrative law

• Constitutional law deals with fundamentals while Administrative law deals with details

• Constitutional Law deals with the rights and Administrative Law lays emphasis on public need

• Constitutional Law - is the supreme and highest law of the country. No law can be regarded above the law of constitution.

Administrative Law - is not the supreme law of the country rather it is subordinate to the constitutional law

• Constitutional law mainly deals with the structure of the state. 

Administrative Law mainly deals with the various functions of the state. 

• Constitutional Law touches all the branches of law and gives guidelines with regard to the general principal relating to organization and powers of organs of the state, and their relations between citizens and towards the state. 

• Administrative Law doesn't deal with all branches of law, rather it details with the powers and functions of administrative authorities. 

The differences between constitutional, criminal, civil laws

Criminal law deals with offences which are regarded in the public as  wrong against the state and are therefore punished by the state if found  guilty of the offence. It seeks to suppress anti-social behaviours such  as the unlawful killing of another, offences against the person, theft  and damage to property. Criminal law recognises a variety of forms of punishment including imprisonment, fines and community sentences. Civil law deals with disputes with private individuals, for example Donoghue v Stevenson.  It relates to matters other than criminal law such as contract and  tort. Civil law allows a person who has been wronged by another in  certain ways to bring an action for the appropriate remedy.   Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.

21. The structure of constitution

The structure of the constitution adopts the procedure of its organizational structure, the internal consistency of the components, their arrangement.

The structure of every constitution is different. This is explained not only by each country’s form of government ,its political regime, territorial structure and other factors, but also the historical conditions of the adoption of the constitution and its form.

The structure includes a preamble (introduction), the main part (main content), concluding, transitional and additional provisions, and occasionally the application.

The preamble sets out the aims of the Constitution, indicates the historical conditions of its creation, proclaims rights and freedoms.

The main part of the constitution includes provisions on rights and freedoms, on the foundations of the social system, the system and the status of public bodies, state symbols, the procedure for amending the Constitution,etc.

Concluding provisions contain different standards. Usually they set the order of enactment of the Constitution. If it is not resolved in the main part, they put rules in order to change the constitution and state symbols.

Transitional provisions define the terms of the entry into force of certain constitutional provisions, which can not be implemented immediately, the order and timing of replacement of old with new constitutional institutions.

Additional provisions contain interpretative rules, some exceptions to the general rules established by the Constitution, the regulation of the individual parts of questions.

The structure of the Constitution of the Republic of Kazakhstan. Preamble

The Constitution consists of preamble and 98 Articles divided into IX Sections: General Provisions (I); The Individual and Citizen (II); The President (III); Parliament (IV); The Government (V); The Constitutional Council (VI); Court and Justice (VII); Local public administration and self-administration (VIII); and Concluding and transitional provisions (IX).

The preamble refers to the people of Kazakhstan, as a special subject, accepted the Constitution; reveals the motives of the Constitution. Recognition of people as a creator of the Constitution of Kazakhstan expresses its meaningful essence. Therefore, the Constitution of the Republic of Kazakhstan in 1995 begins with the words: "We, the people of Kazakhstan…, accept this Constitution."

General provisions (I)

The first section, called the "General Provisions", given the political characteristics of the Republic of Kazakhstan indicated the fundamental principles of activities; identified a presidential form of government and the law in force, recognizes ideological and political diversity, formulated provisions concerning property rights. The Constitution of the Republic of Kazakhstan declares that “the only source of power is the people.”

The Individual and Citizen (II)

The provisions on the rights, freedoms and duties of man, citizen and citizenship collected in the second section - " The Individual and Citizen." According to the Constitution of Kazakhstan, everybody are equal before the law, every citizen has the right to life, personal freedom, freedom to change place of residence, freedom of association, freedom of labor, private property, health, freedom of conscience, education ... the honor and dignity shall be inviolable. Also citizen must bona fide fulfill their constitutional duties.

The President (III)

Officio President is the Supreme Commander of the Armed Forces; He has the right to convene an extraordinary session of Parliament, the right to dissolve the Parliament and the appointment of the early parliamentary elections; the president has the right to hold a referendum to introduce a state of emergency, etc. The basis of the characteristics of the legal status of the President is Article 40 of the Constitution, which defines the place of the President in the system of state authorities. In accordance with the Constitution of the Republic of Kazakhstan President is elected by the citizens on the basis of universal, equal and direct suffrage by secret ballot for a term of five years.

Parliament (IV)

The Constitution of the Republic of Kazakhstan 1995 Parliament described as the highest representative body exercising legislative functions. The Constitution of the Republic of Kazakhstan for the first time consolidated the bicameral structure of parliament: the Senate and the Majilis. Mazhilis represents all the citizens of the Republic of Kazakhstan, namely Majilis deputies elected in the general election. Senators are elected for a part of indirect elections, partly appointed by the President. Senators represent the interests of administrative-territorial units, local opinion. However, the Senate is a body of the Republic. Therefore, the bill passed by the Mazhilis, becomes law after approval by the Senate. House of the Parliament of the Republic of Kazakhstan endowed with special competence relating to resolve their issues on their own conduct.

The Government (V)

The Government of the Republic of Kazakhstan exercises executive power, heads the system of executive bodies and directs their activities (art. 64). Government is the supreme executive authority of the Republic of Kazakhstan. This definition reveals the legal nature of the Government of the Republic of Kazakhstan, shows its place in the system of separation of powers in the branches and evaluate the nature of its activities. As the supreme executive body, all executive heads and governing bodies of their activities, it carries out the state administration of the country.

The Constitutional Council (VI)

The Constitution of the Republic of Kazakhstan in 1995 has a section dedicated to the Constitutional Council. The Constitution does not specify the purpose for which the public body is created. But the powers of the Constitutional Council, as defined in the Constitution, it is clear that the main purpose of the Constitutional Council is the protection of the Constitution. Decree of the President of the Republic of Kazakhstan having the force of constitutional law “On the Constitutional Council of the Republic of Kazakhstan” specifies the purpose of this body. It says that the Constitutional Council as a state body ensures the supremacy of the Constitution of the Republic of Kazakhstan on the whole territory of the republic.

Court and Justice (VII)

Judicial power in the Republic of Kazakhstan is one of the branches of government, and has as its purpose the resolution of conflicts arising in society in connection with the violation of the law based on the Constitution, laws and other regulations. Justice is administered solely by the court on behalf of the republic, regardless of the will of any other public body, officials, public associations, social groups and citizens

Local public administration and self-administration (VIII)

Local governance in the Republic of Kazakhstan consists of local representative bodies and local executive bodies. It is part of the state and it is guided by the principles common to the republic government activities.

Concluding and transitional provisions(IX)

The Constitution of the Republic of Kazakhstan adopted at an all-nation referendum shall come into effect from the day of official publication of the results of the referendum with the simultaneous termination of the functioning of the previously adopted Constitution of the Republic of Kazakhstan. Amendments and additions to the Constitution of the Republic of Kazakhstan may be introduced only by an all-nation referendum held by the decision of the President of the Republic made on his own initiative, at the recommendation of Parliament or the Government