2 Basics of constitutional law

Constitution is the main law of a state that has the highest juridical power on its territory; it fixes the main principles of state structure, structure and order of interaction of state organs, guarantees of rights and freedoms of a person.

Constitutional law is the leading branch of national law that is the ordered totality of juridical norms that fix and regulate public relations in the sphere of providing of human rights and freedoms and establish in these purposes the particular system of state power. 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.

Constitutional legal norms are generally obligatory rules of behavior established by the state and directed to regulation of corresponding public relations that are implemented in in the sphere of constitutional regulation.

Subjects of constitutionally legal relations are participants among whom arise legal rights and obligations governed by the rule of constitutional law (State Authorities, Deputies, Citizens of the Republic of Kazakhstan, Foreign citizens and Stateless persons, Public and Religious Associations, Political Parties, Labor collectives and militaries).

Objects of the Constitution are public relations regulated by the Constitution (state territory, material values, the action of the state and public organizations, human behavior, and moral good such as honor, dignity and conscience).

Prehistory of the constitution

Figure 2-1. Prehistory of the Constitution

The Constitution of the Autonomic Kazakh Soviet Republic 1926

The first Constitution of Kazakhstan was adopted in the final version of Central Committee Decision KazASSR in February 18, 1926 after the formation of the USSR, as Kazakhstan was part of the RSFSR. This fundamental law reinforced the form of government, the state system, political system and structure of public authorities, executive and administrative structure. According to the Constitution of the Republic of Kazakhstan is an equal part of the RSFSR.

Constitution of the Kazakh Soviet Socialist Republic in 1937

Constitution of the Kazakh Soviet Socialist Republic, adopted at the Tenth Whole Kazakhs Congress of Soviets in March 26, 1937, consisted of 11 chapters and 125 articles.

Constitution of the Kazakh Soviet Socialist Republic in 1978

Constitution of the Kazakh Soviet Socialist Republic, adopted at the extraordinary VIIth session of the Supreme Council in April 20, 1978, consisted of a preamble, 10 chapters, 19 chapters and 173 articles. According to it all the power belonged to the people that as the class was divided into workers, peasants and working intelligentsia.

The Constitution of the Republic of Kazakhstan in 1993

The first Constitution of independent Kazakhstan was adopted at the IX Session of the Supreme Council of Kazakhstan XII convocation January 28, 1993. Structurally, it consists of a preamble, 4 sections, 21 chapters and 131 articles.

The Constitution has absorbed many of the legal norms adopted after Kazakhstan gained its sovereignty: national sovereignty, the independence of the state, the principle of separation of powers, the recognition of Kazakh government, and the recognition of the President of the Head of State of the court - the Supreme, Constitutional and Supreme Arbitration Courts and others. The basis of the 1993 Constitution laid down a model of a parliamentary republic.

The Constitution of the Republic of Kazakhstan in 1995

The current Constitution of the Republic of Kazakhstan was adopted on 30 August 1995 national referendum. This day is a national holiday - the Day of Constitution of the Republic of Kazakhstan. In 1998, 2007 and 2011 in the Constitution to make significant changes that increase the powers of the President.

The Constitution of the Republic had not simply proclaimed a principle of power partition, ensuring stability, effective functioning and interaction of legislative, executive and judicial branches in which a specific system of checks and balances was fixed. A person’s life, rights and freedoms were affirmed as superior values of a person.

The principle of partition of the state power does not contradict its unity but supposes the coordinated interaction of all the branches, impossibility of full power concentration in one of the branches. And so manifests a dialectical interaction of the branches of unitary state power and mechanism of checks and balances contributes to the ensuring of political stability in the country.