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Kazakstan's Political Transformation since 1991
Published online by Cambridge University Press: 20 November 2018
Extract
According to the 1993 Constitution, the Republic of Kazakstan was proclaimed as a democratic, secular, and unitary state. Human beings, their life, freedom, and inherent rights were granted the status of supreme value. A presidential republic as a form of government arose from the functions of the head of state and executive. The supreme legislative body, a one-chamber parliament (Supreme Soviet), preserved remnants of the old Soviet state system in name and function, denying the principle of the division of power. The Supreme Soviet was the only legislative and higher representative body that did not correspond to its legislative function, since that implied a hierarchical power structure. As the only legislative body, parliament could not have subordinate structures. According to the Constitution, the Supreme Soviet issued laws, controlled the observance of laws, and made formal interpretations of laws. This contradicted the power-division principle, according to which it should be the legislative body only. Judicial power in the republic in accordance with the 1993 Constitution belonged to the Constitutional Court, the Supreme Court, and the Supreme Court of Arbitration, which was to be elected by the Supreme Soviet. But this also contradicted the power-division principle.
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- Copyright © 1998 Association for the Study of Nationalities
References
Notes
1. “Constitution of the Republic of Kazakstan,” (Almaty, 1993).Google Scholar
2. “Constitution of the Republic of Kazakstan,” (Almaty, 1995).Google Scholar
3. Nazarbaev, Nursultan, “Doklad na vtoroi sessii Assamblei narodovKazakhstana,” Kazakhstanskaia Pravda, 1 July 1995, pp. 1–3.Google Scholar
4. Beisenova, Ainhan, “Novaia konstitutsiia dolzhna byt luchsheprezhnei,” Kazakhstanskaia Pravda, 15 July 1995, p. 2.Google Scholar
5. Panorama, No. 28, July 1995, p. 3.Google Scholar
6. Panorama, No. 27, July 1995, p. 6.Google Scholar
7. On this subject see my book: Respublika Kazakhstan: Prezident. Instituty Demokratii (Almaty: Zhety Zhargy, 1996).Google Scholar
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11. Kazakhstanskaia Pravda, 26 August 1995, p. 2.Google Scholar
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