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The constitution is more than just a document; it's a reflection of a society's historical experiences and values. Around the world, attempts to amend foundational laws have yielded varied outcomes, sometimes ushering in renewal and other times creating unforeseen difficulties. Kazakhstan, too, possesses a rich legal history that has evolved over centuries.

Global Experiences: Successful and Unsuccessful Reforms

Amending a constitution is a process fraught with both opportunities and risks. In countries like Germany, Japan, and France, constitutional reforms have bolstered state stability and security. For instance, Germany's 1949 Basic Law includes an 'eternity clause' (Ewigkeitsklausel) that protects fundamental principles from alteration, ensuring remarkable system stability. Japan's 1947 constitution facilitated a renunciation of war, redirecting resources towards technology and education. In France, a new constitution adopted in 1958 strengthened presidential powers, guiding the nation out of crisis and establishing it as a leading European power.

However, not all constitutional changes have met expectations. Iceland's attempt in 2011 to draft a new constitution via social media ultimately saw parliament reject the proposal. In Chile, a 2022 referendum rejected a proposed new constitution, intended to replace the one from the Pinochet era, by a 62% majority. These instances highlight the critical need for laws to be comprehensible and resonant with the public.

Kazakhstan's Legislative History

The legislative system in the territory of Kazakhstan stretches back centuries. Early legal frameworks included customary law (adat) during the Kazakh Khanate and the Yassa code of Genghis Khan. Later, khans like Kasym, Yesim, and Tauke attempted to compile legal codes.

Following incorporation into the Russian Empire, the traditional judicial system was marginalized, and Kazakh society operated under Russian imperial laws. During the Soviet era, Kazakhstan adopted its first modern constitutions in 1925, 1936, and 1978. While these elevated the republic's political status, true sovereignty remained limited.

Constitutions of Independent Kazakhstan

After gaining independence, Kazakhstan began establishing its own constitutional framework. The first constitution in 1993 reflected the post-independence euphoria and the search for a new development model, granting significant powers to parliament while limiting those of the president.

However, this model proved insufficient amidst economic crises and political transformation. Consequently, a new constitution was adopted in 1995. This document expanded presidential powers and introduced a bicameral parliament, comprising the Senate and the Majilis. Historians note that the 1995 constitution laid the foundation for the modern Kazakhstani state and played a crucial stabilizing role during the transition period.

The 2026 Reform and the Future

The reform currently proposed is considered a new constitution. It envisions a Qurylytai replacing the bicameral Parliament and expanding the rights of political parties, marking a step towards further democratization. These changes align with the demands of a new generation that has grown up in the era of independence and reflect Kazakhstan's active role on the international stage.

Politicians and anthropologists view constitutional reform not merely as a legal procedure but as a symbolic act legitimizing a new order. Societal consensus on new rules is a vital phase of renewal. Ultimately, a nation's rejuvenation depends not only on the text of its constitution but also on society's readiness to adopt and implement the new regulations.

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