Kazakhstan’s new constitution through the eyes of a foreign expert: What changes and why It matters

Dr. Miro Cerar is a professor and dean of the Faculty of Law at the University of Ljubljana, as well as a former Prime Minister and Minister of Foreign Affairs of Slovenia “The reform is aimed at strengthening the institutional balance and democratization of the political system,” the expert noted He stated that the draft affects 77 articles, which constitutes more than 80% of the text of the current Constitution, and effectively creates a new constitutional document. The preparation process was accompanied by broad public discussion and the participation of 130 members of the Constitutional Commission from all regions of the country, including lawyers, human rights defenders, parliamentarians, and academic experts As is known, the final decision on the adoption of the Constitution will be made by citizens in a nationwide referendum on March 15, 2026 The new Constitution enshrines the principles of a democratic, secular and social state governed by the rule of law, with a particular emphasis on justice, human dignity and social responsibility “Constitutional principles are not merely symbolic declarations, but anchors for legislation, governance and judicial oversight,” the expert stressed Cerar noted that the draft is aimed at redistributing powers between the President and Parliament. The President retains significant powers, but restrictions on party membership and the redistribution of the appointment of officials create conditions for a more balanced system of checks and balances “The draft strengthens the role of Parliament, expands participation in the formation and oversight of the Government, and also contributes to the development of political pluralism,” the expert said The reform also strengthens guarantees of human rights and clarifies constitutional mechanisms for their protection. The draft enshrines the right to be heard, the presumption of innocence, the burden of proof for the prosecution, and guarantees of “Miranda rights”. Expanding access to constitutional review and strengthening the independence of the judicial system could significantly reinforce the rule of law “These changes create more space for civic participation and decentralization of power, as well as for a more autonomous party system,” Cerar added The expert emphasized that the draft does not dismantle the presidential system but creates conditions for gradual democratization by limiting the concentration of power, encouraging political pluralism and strengthening the legal foundation for the protection of human rights “The ultimate democratic impact of the reforms will depend not only on the text of the Constitution, but also on the political and legal culture, the independence of the courts, and the commitment of state institutions to the principles of the rule of law,” Miro Cerar concluded Earlier, Qazinform International News Agency reported that the Head of State said the draft of the People’s Constitution, submitted to a nationwide referendum, is a historic document defining the future vector of Kazakhstan’s development, while extending congratulations on International Women's Day