Constitutional Justice in Kazakhstan: A Comparative Perspective

Constitutional justice is one of the types of carrying out the constitutional review which involves scrutiny by specific (quasi-)judicial bodies. Activities of constitutional councils or courts are perhaps the most important tool in ensuring real constitutionalism. This paper analyses the main features of the constitutional justice system of Kazakhstan and discusses its similarities with and differences from constitutional systems of some European countries. It looks at the current legal basis, status and practice of the Constitutional Council of Kazakhstan, describes several major problems faced by this key structure and attempts to explain possible reasons and factors behind them. The paper eventually offers concrete solutions based on successful constitutional judicial practice of the above-mentioned Western systems whilst taking into account the particularities of Kazakhstan's constitutional system conditioned by its own unique context within wider Central Asia.