The Constitutional Council was a collective body of constitutional jurisdiction in Kazakhstan until June 2022.[1] It was succeeded by the Constitutional Court.
Structure
The Constitutional Council consists of seven members. The Chairman and two members of the council are appointed by the President and two members each by the Senate and the Mazhilis. Members serve for terms of six years. In addition to the appointed members, any former Presidents of Kazakhstan are lifetime members of the Constitutional Council.[2]
The Council was established by the 1995 Constitution which replaced the Constitutional Court of Kazakhstan. The decision of the Constitutional Council in whole or in part may be objected to by the President, which can be overturned by two-thirds of the votes of the total number of members of the Constitutional Council.[3] According to the amendments made to the 2017 Constitution, the right of the president's objection is canceled.[4]
Only the President, Chairman of the Senate, Chairman of the Mazhilis, at least one fifth of the total number of deputies of the Parliament, the Prime Minister were allowed to appeal to the Council, as well as the lower courts in a case of infringement of human rights and freedoms and citizen normative legal acts.[5]
Jurisdiction
The Constitutional Council considers all decisions made and laws passed by the Mazhilis, as well as international treaties to ensure they are compliant with the constitution. Rulings on new laws are made prior to them being signed by the president.[6]
