The United Kingdom has long supported democratic governance and the rule of law across the world. In Kazakhstan, a country of growing strategic and economic importance to Europe, including the UK, these values are increasingly reflected in its internal reforms, most notably in the recent overhaul of its Constitution.
This year, Kazakhstan marks the 30th anniversary of its post-independence Constitution, a document adopted by referendum in 1995 that laid the foundation for the country’s legal system. It also marks the 80th anniversary of the United Nations and the 35th anniversary of the Venice Commission, two institutions that continue to shape global norms around the rule of law. In Kazakhstan, constitutional reform has become a central plank in efforts to modernise governance and strengthen democratic institutions.
A milestone in this journey came in 2022, when President Kassym-Jomart Tokayev initiated an ambitious constitutional reform process. Approved via a nationwide referendum, the reform introduced 56 amendments to 33 articles, nearly one-third of the Constitution. The goal was to recalibrate the balance of power between the presidency, parliament, and judiciary, and to reinforce the protection of citizens’ rights and freedoms.
Among the most impactful changes was the transition away from a “super-presidential” model toward a more balanced presidential republic. Parliament’s role was enhanced, new democratic institutions were introduced, and the powers of the executive were curtailed. For instance, the President can no longer be a member of a political party while in office, and key appointments now require parliamentary approval.
Most notably, the reform restored the Constitutional Court, an independent body tasked with safeguarding the supremacy of the Constitution. Operational since January 2023, the Court allows not only state bodies but also individual citizens, the Human Rights Commissioner, and the Prosecutor General to petition for constitutional review. Unlike in many jurisdictions, there are no fees or procedural hurdles requiring prior legal exhaustion, which ensures broad public access.
The Court has already received over 11,000 petitions and issued more than 400 rulings, including 73 final decisions on the constitutionality of laws and regulations. These decisions are not merely legal assessments, they are instruments for correcting injustices and harmonising Kazakhstan’s legal system with its constitutional values.
For example, the Court ruled in 2023 that the Supreme Court’s interpretation of compensation for moral damages had excluded spouses in cases of death, an omission that was rectified following the ruling. In another case, the Court found that legal provisions on alimony recovery lacked clarity, prompting changes to both judicial guidance and legislation. And in a landmark decision, it held that denying convicted persons access to legal counsel at the sentence enforcement stage violated their constitutional rights.
These rulings reflect a maturing legal culture, one in which the Constitution is not simply a symbolic text but a living document that guides state policy and individual justice. They also demonstrate the role of constitutional courts in creating coherent and fair legal systems, something the UK legal community has long recognised through its own debates on judicial review and constitutional conventions.
Crucially, the Constitutional Court does not operate in isolation. It delivers an annual Message to Parliament on the state of constitutional legality, providing feedback on systemic legal issues and offering recommendations for legislative and executive action. This institutional dialogue helps align legal reforms with constitutional principles and builds trust in state institutions.
Kazakhstan’s experience holds lessons for countries seeking to modernise governance while maintaining political stability. The emphasis on legal access, public participation, and institutional checks and balances offers a pathway toward a more open and just society. In a world where democratic backsliding is a growing concern, Kazakhstan’s reform agenda stands out for its commitment to embedding rule-of-law principles into the structure of the state.
Of course, challenges remain. Building a truly just state is a continuous process that demands not only legal reforms but also cultural change, administrative capacity, and sustained political will. But the trajectory is encouraging, and Kazakhstan’s leadership has positioned constitutional justice at the heart of national development.
For the UK, Kazakhstan’s experience may seem distant. Yet it underscores a universal truth: that the rule of law, constitutionalism, and human rights must evolve in response to changing social and political realities. Whether in Westminster or Astana, democracy is only as strong as the institutions that protect its foundations.
Kazakhstan’s reform journey, three decades after independence, serves as a reminder that constitutional progress is possible when backed by popular mandate, political vision, and institutional resilience.
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