Foundations of the constitutional order

The term “constitutional law” is used in three senses: as a separate branch of law, as a legal science and as a school subject. The constitutional order is the system of basic rules of life of society and state based on the Constitution and laws, in which human rights and freedoms are recognised as the highest value. Its main principles are state sovereignty, the people’s power (the people are the sole source of state power), the supremacy of the Constitution and law, the separation of powers, human rights as the highest value, and recognition of generally accepted norms of international law. The people exercise power directly (referendum, elections, public discussion of draft laws) and through representatives — the Oliy Majlis, the President and local Kengashes. Under the present Constitution (2023) the Oliy Majlis has two chambers: the Senate (65 members) and the Legislative Chamber (150 deputies, elected under a mixed system in which some seats go by party lists and the rest by single-member districts); the President is elected for 7 years and for no more than two terms; local khokims do not chair the Kengashes. The text has grown from the earlier version of 128 articles to 155 articles, covering the foundations of the state, human rights and duties, the individual and society, the structure of the state and the organisation of state power. Seizing power in a way not provided by the Constitution is unconstitutional and entails liability under the law.