Constitutional Law of the Republic of Kazakhstan
What the exam tests
Constitutional Law questions test the 1995 Constitution as amended, especially the 2022 referendum changes, the hierarchy of norms, the organisation of state power and the constitutional rights framework.
Core rules
- The Constitution has supreme legal force and direct effect (Art. 4). Ratified international treaties are part of the law and prevail over ordinary laws, but not over the Constitution.
- Kazakhstan is a unitary, democratic, secular, legal and social state; the highest values are the person, life, rights and freedoms (Art. 1–2).
- State power is exercised on the basis of the Constitution and laws under the principle of separation of powers: President, Parliament, Government, courts. The President is the head of state and guarantor of the Constitution; since 2022 the presidential term is seven years with no re-election.
- The 2022 amendments replaced the Constitutional Council with the Constitutional Court, which reviews the constitutional legality of laws and acts.
- Rights may be restricted only by law and only to the extent necessary to protect constitutional values, public order, health and the rights of others (Art. 39).
Worked example
A municipal rule bans all peaceful assemblies unless organised by the local executive. A citizen challenges it. The court should ask: is the restriction established by a law (not a municipal act)? Does it pursue a legitimate aim? Is a blanket ban proportionate? A blanket ban is disproportionate; a notification procedure with reasonable notice may be lawful.
Traps
- Confusing the Constitutional Council (abolished) with the Constitutional Court.
- Assuming a treaty always prevails over the Constitution.
- Treating constitutional rights as absolute.