THE CONSTITUTIONAL COURT IS THE MOST IMPORTANT BODY FOR THE PROTECTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS: HISTORICAL AND LEGAL EXPERIENCE OF FOREIGN COUNTRIES
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_41Keywords:
Constitution, law, constitutional complaint, human rights, interpretation, legal position, preliminary controlAbstract
The adoption of new constitutional values in the Republic of Kazakhstan has caused the need to expand the legal mechanisms for the protection of individual rights and freedoms. One of the most important institutions through which the normativity of the Constitution is ensured and the rights and freedoms of the individual are guaranteed is the Constitutional Court, the functioning of which in Kazakhstan will begin in 2023.
Based on a comparative analysis, the article presents some decisions of the constitutional courts of foreign countries on the protection of individual rights and freedoms.
The establishment of a new constitutional control body in our country speaks of the state's desire to build a full-fledged rule of law state in which the individual, his rights and freedoms are considered as the highest constitutional values. Constitutional courts are the determining factor in the formation of constitutionalism and the formation of a rule-of-law state based on the principles of Law.
Among other things, one of the most important of this authority will be the consideration of constitutional complaints of individuals. This function is the most important legal instrument that ensures citizens' access to justice and increases the human rights potential of the Constitution.
The legal positions of the constitutional courts on the protection of human rights are capable of shaping constitutional thinking in the country and modeling constitutional and legal policy in the direction of progressive legal development.
World experience shows that the institution of judicial constitutional control, having a rich history, is considered as the most important element of a polycratic state, through which legal disputes between branches of government and territorial entities are resolved, continuity of constitutional processes is ensured, and the regime of constitutional legality is guaranteed.
Through constitutional justice, the humanistic principles of the individual's relationship with the state are being approved in the state, legal gaps are being filled, the legislative process is being improved, and the level of constitutional culture of law-making subjects is being increased.