Constitutional Foundations for ensuring unity and separation of powers in the Republic of Kazakhstan

Abstract

The article examines the substance of the principle of separation of powers and its implementation in the constitutional practice of the Republic of Kazakhstan following the constitutional reforms carried out in 2022. In this context, the norms of the current Constitution are analyzed and positive outcomes achieved are identified. From a critical perspective, the author examines the institution of «delegated legislation,» embodied in the Government’s authority to issue temporary decrees with the force of law, as well as Article 61 of the Constitution, which limits the legislative competence of the Parliament. Other shortcomings that violate the principle of separation of powers are identified: the retention by the Head of State of all personnel powers for appointing to key state positions across all branches of power, the absolutely limited competence of the Kazakh Parliament, insufficient effectiveness of parliamentary oversight mechanisms, the lack of democratic participation of political parties in the formation of the Government and the development of socio-economic policy, and the underdevelopment of legal mechanisms for evaluating the effectiveness of the Government and its members. Based on this, proposals for improving constitutional legislation are presented.