CONSTITUTIONAL PROVISIONS ON THE CONSTITUTIONAL COURTS IN THE REPUBLIC OF POLAND AND THE REPUBLIC OF KAZAKHSTAN. A COMPARATIVE STUDY

Abstract

The paper zooms on the specific features of the legal status of the Constitutional Courts in the Republic of Poland and the Republic of Kazakhstan. The research founded on the constitutional provisions of both states was conducted using comparative and dogmatic methods, which allowed for an examination of key aspects such as the composition of the courts, the procedure for appointing judges, ensuring their independence, and the scope of their competencies.

The study revealed that both institutions belong to a centralized model of constitutional justice, playing a crucial role in upholding the Constitution's supremacy and protecting citizens' rights and freedoms. However, despite the similarity of their functions, there are significant differences between them. These differences relate, in particular, to the number of judges participating in the work of the courts, the procedure for their appointment, the range of subjects entitled to file appeals, and the list of powers of the courts.

Special attention in the article is given to the significance of constitutional adjudication as the foundation of a democratic rule-of-law state.

The study of the constitutional provisions allows us to conclude, that the differences between the Constitutional Tribunal of the Republic of Poland and the Constitutional Court of the Republic of Kazakhstan are due to the specific characteristics of the political systems in both countries. In the Republic of Poland, the system of constitutional review is closely linked to the dominant role of a bicameral parliament, whereas in Kazakhstan, it reflects the features of a presidential form of government. This distinction is evident in the appointment of judges to the Constitutional Courts (in the Republic of Poland, judges of the Constitutional Tribunal are exclusively appointed by the Parliament, while in the Republic of Kazakhstan, part of the judges are appointed by the President), as well as in the scope of the courts’ competencies concerning the Parliaments and Presidents (in the Republic of Poland, the Constitutional Court does not participate in the impeachment procedure).

Thus, the study emphasizes the importance of examining the institution of constitutional justice to fully understand the mechanisms for protecting human rights and the democratic foundations of the state in various political and legal systems.