Constitutionalism in the Republic of Kazakhstan: Genesis, Features and Prospects
The study examines the genesis and features of the formation of modern constitutionalism in the Republic of Kazakhstan. The authors made an attempt to reveal the specifics of Kazakhstan constitutionalism, its axiology and describe the adopted governance mechanisms. They prove that the dynamics of...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law
2021-12-01
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| Series: | Антиномии |
| Subjects: | |
| Online Access: | http://yearbook.uran.ru/images/files/Antinomies_3_2021_p125-147.pdf |
| _version_ | 1798035356363259904 |
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| author | Jacek Zalesny Igor Yu. Ostapovich |
| author_facet | Jacek Zalesny Igor Yu. Ostapovich |
| author_sort | Jacek Zalesny |
| collection | DOAJ |
| description | The study examines the genesis and features of the formation of modern
constitutionalism in the Republic of Kazakhstan. The authors made an attempt to
reveal the specifics of Kazakhstan constitutionalism, its axiology and describe the
adopted governance mechanisms. They prove that the dynamics of transformations of
the Kazakhstan constitutionalism is based on neo-patrimonial social relations and neopatrimonial relations of power, and the purpose of the ongoing constitutional reforms is
to preserve the stability of the state structure, taking into account the spiritual, moral,
cultural and historical characteristics of the peoples inhabiting Kazakhstan. To determine
the peculiarities of Kazakhstan constitutionalism, the authors use the methods of political
science: general logical and empirical, dogmatic and neoinstitutionalistic approaches,
special legal methods of cognition: formal legal method, formal logical method, systemic
method, technical and legal method. The article substantiates that the so-called superpresidential era ends in the Republic of Kazakhstan and the characteristics of the
presidential-parliamentary system appear. The authors put forward the following thesis: this situation is caused by the fact that the ex-president did not bring up a successor
capable of adequately continuing and developing the cause of building a sovereign
Kazakhstan. Therefore, it is necessary to change the mechanisms of state administration
in order to preserve power in the hands of the ex-president using other means. It also
serves as a means of minimizing the risk that the incumbent president will not be able to
fully respond to the challenges facing the state, which would have negative consequences
for large social groups. It should also be noted that the authors' task was not to analyze
the institution of the national leader (elbasy) and its place in the constitutional system
of Kazakhstan. The article notes that the development of Kazakhstan constitutionalism
goes through three main stages. At the first stage, there is a conflict between the Kazakh
traditions of state structure and the Soviet model of state structure. The second stage is
the abolition of Soviet constitutional decisions and the simultaneous formation of the
Kazakh state structure of the state of Kazakhstan. And the third stage is the construction
of monarchical presidentialism as a form of government that contributes to the stability
of the state structure and international subjectivity of the Republic of Kazakhstan, and
subsequently – its dismantling, justified by the same constitutional values. |
| first_indexed | 2024-04-11T20:57:04Z |
| format | Article |
| id | doaj.art-086ea2333242480e87668c13681beaf7 |
| institution | Directory Open Access Journal |
| issn | 2686-7206 2686-925X |
| language | English |
| last_indexed | 2024-04-11T20:57:04Z |
| publishDate | 2021-12-01 |
| publisher | Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law |
| record_format | Article |
| series | Антиномии |
| spelling | doaj.art-086ea2333242480e87668c13681beaf72022-12-22T04:03:38ZengUral Branch of the Russian Academy of Sciences, Institute of Philosophy and LawАнтиномии2686-72062686-925X2021-12-0121312514710.17506/26867206_2021_21_3_125Constitutionalism in the Republic of Kazakhstan: Genesis, Features and ProspectsJacek Zalesny0https://orcid.org/0000-0002-8231-4454Igor Yu. Ostapovich1https://orcid.org/0000-0002-6664-1623University of Warsaw, Warsaw, PolandUral State Law University, Yekaterinburg, RussiaThe study examines the genesis and features of the formation of modern constitutionalism in the Republic of Kazakhstan. The authors made an attempt to reveal the specifics of Kazakhstan constitutionalism, its axiology and describe the adopted governance mechanisms. They prove that the dynamics of transformations of the Kazakhstan constitutionalism is based on neo-patrimonial social relations and neopatrimonial relations of power, and the purpose of the ongoing constitutional reforms is to preserve the stability of the state structure, taking into account the spiritual, moral, cultural and historical characteristics of the peoples inhabiting Kazakhstan. To determine the peculiarities of Kazakhstan constitutionalism, the authors use the methods of political science: general logical and empirical, dogmatic and neoinstitutionalistic approaches, special legal methods of cognition: formal legal method, formal logical method, systemic method, technical and legal method. The article substantiates that the so-called superpresidential era ends in the Republic of Kazakhstan and the characteristics of the presidential-parliamentary system appear. The authors put forward the following thesis: this situation is caused by the fact that the ex-president did not bring up a successor capable of adequately continuing and developing the cause of building a sovereign Kazakhstan. Therefore, it is necessary to change the mechanisms of state administration in order to preserve power in the hands of the ex-president using other means. It also serves as a means of minimizing the risk that the incumbent president will not be able to fully respond to the challenges facing the state, which would have negative consequences for large social groups. It should also be noted that the authors' task was not to analyze the institution of the national leader (elbasy) and its place in the constitutional system of Kazakhstan. The article notes that the development of Kazakhstan constitutionalism goes through three main stages. At the first stage, there is a conflict between the Kazakh traditions of state structure and the Soviet model of state structure. The second stage is the abolition of Soviet constitutional decisions and the simultaneous formation of the Kazakh state structure of the state of Kazakhstan. And the third stage is the construction of monarchical presidentialism as a form of government that contributes to the stability of the state structure and international subjectivity of the Republic of Kazakhstan, and subsequently – its dismantling, justified by the same constitutional values.http://yearbook.uran.ru/images/files/Antinomies_3_2021_p125-147.pdfconstitution of the republic of kazakhstan; constitutionalism; president; succession of power; state authorities |
| spellingShingle | Jacek Zalesny Igor Yu. Ostapovich Constitutionalism in the Republic of Kazakhstan: Genesis, Features and Prospects Антиномии constitution of the republic of kazakhstan; constitutionalism; president; succession of power; state authorities |
| title | Constitutionalism in the Republic of Kazakhstan: Genesis, Features and Prospects |
| title_full | Constitutionalism in the Republic of Kazakhstan: Genesis, Features and Prospects |
| title_fullStr | Constitutionalism in the Republic of Kazakhstan: Genesis, Features and Prospects |
| title_full_unstemmed | Constitutionalism in the Republic of Kazakhstan: Genesis, Features and Prospects |
| title_short | Constitutionalism in the Republic of Kazakhstan: Genesis, Features and Prospects |
| title_sort | constitutionalism in the republic of kazakhstan genesis features and prospects |
| topic | constitution of the republic of kazakhstan; constitutionalism; president; succession of power; state authorities |
| url | http://yearbook.uran.ru/images/files/Antinomies_3_2021_p125-147.pdf |
| work_keys_str_mv | AT jacekzalesny constitutionalismintherepublicofkazakhstangenesisfeaturesandprospects AT igoryuostapovich constitutionalismintherepublicofkazakhstangenesisfeaturesandprospects |