2) The Subject and system of comparative constitutions

Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law, socialist law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism, economic globalization and democratization.

Comparative law is an academic study of separate legal systems, each one analysed in its constitutive elements; how they differ in the different legal systems, and how their elements combine into a system.

Several disciplines have developed as separate branches of comparative law, including comparative constitutional law, comparative administrative law, comparativecivil law (in the sense of the law of torts, delicts, contracts and obligations), comparative commercial law (in the sense of business organisations and trade), and comparative criminal law. Studies of these specific areas may be viewed as micro- or macro-comparative legal analysis, i.e. detailed comparisons of two countries, or broad-ranging studies of several countries. Comparative civil law studies, for instance, show how the law of private relations is organised, interpreted and used in different systems or countries. It appears today the principal purposes of comparative law are:

• to attain a deeper knowledge of the legal systems in effect

• to perfect the legal systems in effect

• possibly, to contribute to a unification of legal systems, of a smaller or larger scale (cf. for instance, the UNIDROIT initiative)

Despite the differences between comparative law and these other legal fields, comparative law helps inform all of these areas of normativity. For example, comparative law can help international legal institutions, such as those of the United Nations System, in analyzing the laws of different countries regarding their treaty obligations. Comparative law would be applicable to private international law when developing an approach to interpretation in a conflicts analysis. Comparative law may contribute to legal theory by creating categories and concepts of general application. Comparative law may also provide insights into the question of legal transplants, i.e. the transplanting of law and legal institutions from one system to another. The notion of legal transplants was coined by Alan Watson, one of the world's renowned legal scholars specializing in comparative law.

3. The comparison of form and structure of the constitutions

The form of the constitution is a way to organize and express constitutional norms.The form of the constitution determines on the fact that the constitution may consist of one or more regulations.If the constitution is the one written act regulating the main issues of a constitutional nature, it can be defined as a codifiedconstitution (Italy, Germany, United Mexican States, Kazakhstan). If those issues are governed by severalwritten acts (Finland 4, Sweden 3, Canada), it is uncodified constitution.An uncodified system is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. According to the degree of codificationcodified constitutions can be divided into non-deployed and deployed.Examples of deployed constitutions :Greek, Portuguese, non-deployed : serving French, US.Alsothereismixedtypetoo.Some parts are written andinclude parliamentary laws and court decisions, which are binding precedents.Some parts are composed of customs and doctrinal interpretations, judicial precedents, customs (referred to as the constitutional treaty), which contains the Convention's norms.There are also unwritten constitution, which are not established in documents, but they are usually temporary - after the revolutions, coups.

There are additional acts, called the constitutional or organic laws. Although they are considered to be constitutional, which are separate acts not included in the text of the constitution. Ex.: FederalConstitutionalLaw 1955 "OntheNeutralityofAustria"

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).