Constitution of Kazakhstan
Encyclopedia
The Constitution of the Republic of Kazakhstan is the highest law of Kazakhstan
, as stated in Article 4. The Constitution was approved by referendum
on 30 August 1995.
of the constitution
emphasizes the importance of "freedom
, equality
and concord
" and Kazakhstan's role in the international community
.
that values individual "life, rights and freedoms
." It outlines social and "political stability, economic development," patriotism
, and democracy as the principles upon which the Government serves. This is the first article in which the Parliament
is mentioned.
and the government is presidential. The government has jurisdiction over, and is responsible for, all territory in Kazakhstan. Regional, political divisions, including location of the capital, are left open to lower level legislation. "Republic of Kazakhstan" and "Kazakhstan" are considered one and the same.
and citizens have the right to vote in referendum
s and free elections. Article 3 establishes provincial government
. Representation of the people is a right reserved to the executive and legislative branches. The government is divided between the executive, legislative, and judicial branches. Each branch is prevented from abusing its power by a system of checks and balances. This is the first article to mention constitutional limits on the executive branch.
Kazakhstan
Kazakhstan , officially the Republic of Kazakhstan, is a transcontinental country in Central Asia and Eastern Europe. Ranked as the ninth largest country in the world, it is also the world's largest landlocked country; its territory of is greater than Western Europe...
, as stated in Article 4. The Constitution was approved by referendum
Kazakhstani constitutional referendum, 1995
A constitutional referendum was held in Kazakhstan on 30 August 1995. The new constitution was approved by 90.0% of voters, with turnout reported to be 90.6%.-Results:...
on 30 August 1995.
Preamble
The preamblePreamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
of the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
emphasizes the importance of "freedom
Freedom (political)
Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
, equality
Social equality
Social equality is a social state of affairs in which all people within a specific society or isolated group have the same status in a certain respect. At the very least, social equality includes equal rights under the law, such as security, voting rights, freedom of speech and assembly, and the...
and concord
Agreement (linguistics)
In languages, agreement or concord is a form of cross-reference between different parts of a sentence or phrase. Agreement happens when a word changes form depending on the other words to which it relates....
" and Kazakhstan's role in the international community
International community
The international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...
.
Article 1
Article 1 establishes the state as a secular democracyDemocracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
that values individual "life, rights and freedoms
Human rights in Kazakhstan
The human rights situation in Kazakhstan has been an area of concern for many outside governmental and non-governmental observers. Observer group Freedom House ranks this former Soviet state with a 6 in Political Rights and a 5 in Civil Liberties , denoting it as "Not Free."The website of the US...
." It outlines social and "political stability, economic development," patriotism
Patriotism
Patriotism is a devotion to one's country, excluding differences caused by the dependencies of the term's meaning upon context, geography and philosophy...
, and democracy as the principles upon which the Government serves. This is the first article in which the Parliament
Parliament of Kazakhstan
The Parliament of the Republic of Kazakhstan is the bicameral legislature of Kazakhstan, according to the 1995 Constitution of Kazakhstan. The lower house is the Majilis, with 77 seats, elected to four year terms, 67 in single seat constituencies and 10 by proportional representation...
is mentioned.
Article 2
Article 2 states that Kazakhstan is a unitary stateUnitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
and the government is presidential. The government has jurisdiction over, and is responsible for, all territory in Kazakhstan. Regional, political divisions, including location of the capital, are left open to lower level legislation. "Republic of Kazakhstan" and "Kazakhstan" are considered one and the same.
Article 3
The government's power is derived from the peopleConsent of the governed
"Consent of the governed" is a phrase synonymous with a political theory wherein a government's legitimacy and moral right to use state power is only justified and legal when derived from the people or society over which that political power is exercised...
and citizens have the right to vote in referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s and free elections. Article 3 establishes provincial government
Provinces of Kazakhstan
Kazakhstan is divided into 14 provinces . The provinces are further subdivided into districts .Notes:* Almaty and Astana cities have the status of State importance and do not relate to any province....
. Representation of the people is a right reserved to the executive and legislative branches. The government is divided between the executive, legislative, and judicial branches. Each branch is prevented from abusing its power by a system of checks and balances. This is the first article to mention constitutional limits on the executive branch.
Article 4
Laws that are in effect include "provisions of the Constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the Republic as well as regulatory resolutions of Constitutional Council and the Supreme Court of the Republic." The Constitution is made the highest law. Ratified international treaties supersede national laws and are enforced, except in cases when upon ratification the Parliament recognizes contradictions between treaties and already enacted laws, in which case the treaty will not go into effect until the contradiction has been dealt with through legislation. The government shall publish all laws.See also
- Government of KazakhstanGovernment of KazakhstanThe Government of the Republic of Kazakhstan oversees a presidential republic. The President of Kazakhstan, currently Nursultan Nazarbayev, is head of state and nominates the head of government. Executive power is exercised by the government...
- Politics of KazakhstanPolitics of KazakhstanThe politics of Kazakhstan takes place in the framework of a presidential republic, whereby the President of Kazakhstan is head of state and nominates the head of government. Executive power is exercised by the government...
- Constitution of RussiaConstitution of RussiaThe current Constitution of the Russian Federation was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication...
- Terrorism in Kazakhstan
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...