Антиномии (Dec 2021)
Constitutionalism in the Republic of Kazakhstan: Genesis, Features and Prospects
Abstract
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.
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