Kazakhstan’s New Constitution: Which other countries successfully reformed their Basic Law?

A new Constitution has been in force in Kazakhstan since early July. It was adopted by referendum in March. In this article El.kz examines countries whose revised constitutions are widely regarded as successful.

At the March referendum, 87.15 % of participants voted in favour of the new Constitution. Voter turnout was high, at approximately three-quarters of the electorate.

The bicameral Parliament was replaced by a unicameral Kurultai comprising 145 deputies, elected from party lists for five-year terms. The office of Vice-President was reinstated, with the Vice-President appointed by the President subject to the consent of the Kurultai. A new body, the Khalyk Kenesi (People’s Council), was established as an advisory body empowered to introduce draft legislation and propose referendums.

The Constitution introduces protections for personal data in the digital environment, the right to intellectual property, and environmental protection. It also establishes the right to compensation for the right of detained persons to be informed of their rights.

Spain: A Monarchy with a Parliamentary System

Spain adopted a new Constitution in the late 1970s, as the country emerged from the Franco era. The Constitution established Spain as a constitutional monarchy in which the powers of the King are limited.

At the 1978 referendum, almost 92 % of those who voted supported the Constitution. Voter turnout was slightly above two-thirds of the electorate.

The process was preceded by the 1977 Law for Political Reform. It legalised political parties and provided for elections to the Constituent Cortes, which subsequently drafted the constitutional text.

South Africa: A Constitution Drafted with Public Participation

South Africa’s Constitution entered into force in early 1997, providing the foundation for the country’s post-apartheid political order. Its Bill of Rights prohibits discrimination on numerous grounds, including race, sex, religion and language.

The Constitutional Assembly was responsible for drafting the text and received 1,753,424 submissions from members of the public during the process.

The Constitutional Court initially referred the draft back for revision because it did not comply with the principles of the interim Constitution. The revised text was approved by the Court in December 1996, and Nelson Mandela signed it on International Human Rights Day.

Germany: The Basic Law as a Constitutional Model

Germany’s Basic Law was signed in Bonn in May 1949, just four years after the end of the Second World War. It was drafted to establish the foundations of democracy.

The term “Basic Law” was chosen to emphasise the provisional nature of the constitutional framework in a divided country. Article 1 states: “Human dignity shall be inviolable.”

Following German reunification in 1990, the document became applicable throughout the entire country. President Frank-Walter Steinmeier has said that the Basic Law continues to serve as a pillar of stability for Germany, even in difficult times.

How is Kazakhstan’s Constitutional Reform being assessed?

Supporters of the reform regard it as a step towards modernisation. President Kassym-Jomart Tokayev described the initiative as a “complete reset” of the system of government and has proposed characterising the new model as a presidential republic with a strong parliament. Leaders of several countries, including Emmanuel Macron and Recep Tayyip Erdoğan, have congratulated Kazakhstan on the adoption of the new Constitution.

Critics, however, see the reform as preserving the previous model of governance.

“We have not taken a single step forward. We still have the same super-presidential system.” head of the Foundation for the Development of Parliamentarism Zauresh Battalova stated. She also expressed disappointment over the speed with which the document was adopted.

Analysts at the Caspian Policy Center have highlighted several issues. Independent candidates can no longer stand for election, while the 164-member Khalyk Kenesi is appointed by the President.