Kazakhstan's new constitution redefines separation of powers
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Kazakhstan's new constitution, adopted by referendum on March 15, 2026, and effective July 1, establishes a new model of state power. It replaces the bicameral parliament with a unicameral Kurultai and delineates the constitutional roles of the president, government, and judiciary.
Key Facts
- The new constitution was adopted by referendum on March 15, 2026, and took effect on July 1.
- Article 4 states that the people of Kazakhstan are the source of state power, which is unified and divided into legislative, executive, and judicial branches.
- Article 52 establishes the Kurultai as the supreme representative body exercising legislative power, replacing the previous bicameral parliament.
- Article 63 defines the government as the body exercising executive power and leading the system of executive bodies, accountable to the president and the Kurultai.
- The prime minister organizes and directs the government's activities and reports to the president and the Kurultai on key directions and decisions.
Constitutional Foundations
The new constitution establishes a new model for organizing state power in Kazakhstan. Adopted by referendum on March 15, 2026, the constitution took effect on July 1. Article 4 declares that the people of Kazakhstan are the source of state power. It also establishes the principle that state power is unified and divided into legislative, executive, and judicial branches, with interaction among them. The constitution clearly delineates the constitutional powers of the president and the Kurultai, as well as the activities of the government and other state bodies within their assigned powers.
Presidential Role
The new constitution designates the president as the head of state and the highest official determining the main directions of domestic and foreign policy. The president is the symbol and guarantor of the unity of the people and state power, the inviolability of the constitution, and the rights and freedoms of individuals and citizens. The head of state ensures the coordinated and uninterrupted functioning of all branches of state power. Thus, the constitutional role of presidential power is to ensure the stable functioning of the state power system and to create conditions for interaction among the branches of power.
Unicameral Kurultai
One of the key changes in the redistribution of powers is the formation of a new institutional model of legislative power. According to Article 52 of the constitution, the Kurultai of the Republic of Kazakhstan is the supreme representative body exercising legislative power. The creation of a unicameral legislative body in place of the previous bicameral parliament is a significant change in the state governance system. The constitutional powers of the Kurultai are not limited to legislative activity; it also performs functions related to the budget, state policy, and accountability of the executive branch. This defines the place of legislative power in the system of state decision-making and oversight of executive branch activities.
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Kazakhstan's new constitution redefines separation of powers
