Facts of the case
Constitutional amendments, enacted in the wake of a national referendum, excluded provisions that specified the responsibilities and privileges of the First President of Kazakhstan, including his lifetime membership the Constitutional Council and the right to stand for presidential elections an unlimited number of times. It further removed the provision that the status of the First President is to be regulated by constitutional law.
Paragraph 4 of the Article 62 provides as follows: Constitutional laws shall be adopted on issues stipulated by the Constitution by a majority of at least two-thirds of the votes of the total number of deputies of each Chamber.
A group of deputies from the lower chamber of Parliament petitioned the Constitutional Court to provide, in abstracto, an interpretation of the provision with respect to two questions.
Does Paragraph 4 of the Article 62 imply that Parliament may only pass such constitutional laws that are explicitly specified to be passed in the Constitution?
Does the removal of the provisions regulating the status of the First President from the Constitution imply that the Constitutional Law on the Status of the First President loses force?
No. The court found that its precedent of Constitutional Council from July 3rd, 2000 controls. The court held that the Constitution does not provide for an exhaustive list of the constitutional laws that may be enacted.
Yes and no. The court found that the removal of the provisions implies that the legal grounds for the passage of the Constitutional Law on the Status of the First President are no longer present. The court held that the existence of the law is inconsistent with the amended version of the Constitution. It found that the Parliament, as a supreme legislative body, ought to take steps to pass legislation determining the future of the Law.
- Judges: Azimova (Chief); Nurmukhanov (Rapporteur); Udartsev (Rapporteur) Eskendirov; Zhakipbaev; Zhatkanbayeva; Kydyrbaeva; Musin; Podoprigora; Sarsembaev;
- Date: January 10, 2023
- Tags: separation-of-powers
- Link: Нормативное постановление Конституционного Суда Республики Казахстан от 10 января 2023 года № 2 «Об официальном толковании пункта 4 статьи 62 Конституции Республики Казахстан» (www.gov.kz)
- The website’s summary of the Court’s holding is made for educational purposes only, is not legal advice, and does not form an attorney-client relationship. The summary represents author’s interpretation of the decision, and may be incomplete or inaccurate. For the text of the decision, see the hyperlink above.