CONSTITUTION, POLITICS, LAW: THEORETICAL AND METHODOLOGICAL ASPECTS OF IMPROVING CONSTITUTIONAL REGULATION

Authors

DOI:

https://doi.org/10.52026/2788-5291_2024_77_2_53

Keywords:

Constitution, concept, legal policy, statehood, political institutions, institutionalization, pluralism, constitutionalization

Abstract

The article formulated and substantiated the methodological understanding of constitutionalism as the main paradigm of the vector of development of modern Kazakhstan in the context of the reform of the Constitution. The study considers the relationship of domestic constitutionalism with the realities dictated by the historical stages of the development of Kazakh statehood, the identification and polysemia of constitutionalism; universality, multiplicity and public interest as values of constitutionalism; constitutional prescriptions and the ratio of legal and moral values  in the large and small circle of constitutionalism.

The relationship between constitutionalism and popular sovereignty in the context of this article is the critical focus of political theory, jurisprudence, and constitutionalism. The authors suggests that the constitution can be more meaningfully understood by adopting a more complex concept of democracy—one that is able to distinguish between popular sovereign power in the hands of the people themselves, and in those of their agents in government. It establishes that underlying the bedrock doctrine of the basic structure of the constitution are fundamental questions about the relationship between constitutionalism and popular sovereignty. The article examines theoretical approaches to the concept of legal policy, considers the directions of legal policy and their development in the constitution of our country, and also examines the influence of legal policy on the sphere of protecting the rights and freedoms of the individual, analyzes the historical process of Kazakhstan's acquisition of sovereignty, the formation and further improvement of individual institutions that make up the constructs of constitutionalization. The text is a conscious effort to institutionalize the country's revolutionary experience during its independent formation.

Published

28.06.2024

How to Cite

Aitkhozhin К. К., Satbayeva А. М., & Alimbetova А. Р. (2024). CONSTITUTION, POLITICS, LAW: THEORETICAL AND METHODOLOGICAL ASPECTS OF IMPROVING CONSTITUTIONAL REGULATION. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(77). https://doi.org/10.52026/2788-5291_2024_77_2_53