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The Constitution of the Republic of Kazakhstan is the highest law of
Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a landlocked country primarily in Central Asia, with a European Kazakhstan, small portion in Eastern Europe. It borders Russia to the Kazakhstan–Russia border, north and west, China to th ...
, as stated in Article 4. The Constitution was approved by a constitutional referendum on 30 August 1995.Constitution of Kazakhstan
City Montessori School Lucknow, India
This date has since been adopted as the "Constitution Day of the Republic of Kazakhstan". The
Kazakh language Kazakh is a Turkic language of the Kipchak branch spoken in Central Asia by Kazakhs. It is closely related to Nogai, Kyrgyz and Karakalpak. It is the official language of Kazakhstan, and has official status in the Altai Republic of Russia ...
is the official language of the state, while Article 7, section 2 states that the "Russian language shall be officially used on equal grounds".


Preamble

The
preamble 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 su ...
of the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
emphasizes the importance of "
freedom Freedom is the power or right to speak, act, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws". In one definition, something is "free" i ...
,
equality Equality generally refers to the fact of being equal, of having the same value. In specific contexts, equality may refer to: Society * Egalitarianism, a trend of thought that favors equality for all people ** Political egalitarianism, in which ...
and
concord Concord may refer to: Meaning "agreement" * Harmony, in music * Agreement (linguistics), a change in the form of a word depending on grammatical features of other words Arts and media * ''Concord'' (video game), a defunct 2024 first-person sh ...
" and Kazakhstan's role in the
international community The international community is a term used in geopolitics and international relations to refer to a broad group of people and governments of the world. Usage Aside from its use as a general descriptor, the term is typically used to imply the ...
. "We, the people of Kazakhstan, united by a common historic fate, creating a state on the indigenous Kazakh land, considering ourselves a peace-loving and civil society, dedicated to the ideals of freedom, equality and concord, wishing to take a worthy place in the world community, realizing our high responsibility before the present and future generations, proceeding from our sovereign right, accept this Constitution."


Section 1, General Provisions


Article 1

Article 1 establishes the state as a
secular Secularity, also the secular or secularness (from Latin , or or ), is the state of being unrelated or neutral in regards to religion. The origins of secularity can be traced to the Bible itself. The concept was fleshed out through Christian hi ...
democracy Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...
that values individual "life, rights and freedoms." It outlines social and "political stability, economic development,"
patriotism Patriotism is the feeling of love, devotion, and a sense of attachment to one's country or state. This attachment can be a combination of different feelings for things such as the language of one's homeland, and its ethnic, cultural, politic ...
, and democracy as the principles upon which the Government serves. This is the first article in which the Parliament is mentioned.


Article 2

Article 2 states that Kazakhstan is a
unitary state A unitary state is a (Sovereign state, sovereign) State (polity), state governed as a single entity in which the central government is the supreme authority. The central government may create or abolish administrative divisions (sub-national or ...
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. The Republic of Kazakhstan shall build its relations with all countries on the principles of international law.


Article 3

The government's power is derived from the people and citizens have the right to vote in
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
s and free elections. Article 3 establishes
provincial government A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, o ...
. Representation of the people is a right reserved to the
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...
and legislative branches. The government is divided between the executive, legislative, and
judicial branch The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
es. Each branch is prevented from abusing its power by a system of
checks and balances The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishabl ...
. 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 Kazakhstan The Government of the Republic of Kazakhstan (, ''Qazaqstan Respublikasynyñ Ükımetı'') is the collegial body that exercises Executive branch, executive power in the Kazakhstan, Republic of Kazakhstan; The government heads the system of execu ...
*
Politics of Kazakhstan The politics of Kazakhstan takes place in the framework of a semi-presidential republic, whereby the President of Kazakhstan is head of state and nominates the head of government. Executive power is exercised by the government. Legislative power ...
*
Constitution of Russia The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections ...
*
Terrorism and counter-terrorism in Kazakhstan Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war a ...
*
Constitutional economics Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econom ...
*
Constitutionalism Constitutionalism is "a compound 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". Political organizations are constitutional to ...
*
Rule according to higher law The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accordin ...


Notes


References


External links


Constitution of the Republic of Kazakhstan
{{Constitutions of Europe
Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a landlocked country primarily in Central Asia, with a European Kazakhstan, small portion in Eastern Europe. It borders Russia to the Kazakhstan–Russia border, north and west, China to th ...
Government of Kazakhstan Law of Kazakhstan