THE PLACE AND ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN IN THE SYSTEM OF SOURCES OF CONSTITUTIONAL LAW

Abstract

The article examines the significance and relevance of decisions made by the Constitutional Court of Kazakhstan within the context of the country's constitutional legal system. 

This topic's theoretical and practical significance is determined by the revival of the constitutional control institution in the Republic of Kazakhstan, which is an important factor in changing the country's legal system. This allows us to consider the role of constitutional justice decisions as a source of law and their legal force and scope. 

The decisions of the Constitutional Court of the Republic of Kazakhstan play a significant role in the legal regulation of public affairs. Certain categories of decisions by the Constitutional Court, such as those that address compliance with the Kazakhstani Constitution, laws, and other regulatory legal acts, as well as those issued in response to complaints from citizens or requests from courts regarding the constitutionality of specific laws, are considered part of the system of constitutional law in Kazakhstan. These decisions serve to clarify and interpret the provisions of the Kazakh Constitution. 

The issue of the role of decisions by the Constitutional Court as a source of constitutional law is an important one, as there are two opposing approaches to this issue. According to the first approach, the Constitutional Courts are law enforcement agencies that do not create new legal norms. However, according to the other approach, along with their law enforcement role, the Constitutional Courts also engage in law-making, and many of their decisions have a normative significance, making them a source of law, including constitutional law. 

The authors of the article discuss the special status of the Constitutional Court as an institution of constitutional review, the importance of the decisions it makes, their unique legal characteristics, as well as their position and role within the system of sources of constitutional law. 

 Keywords: Constitutional Court, source of law, source of constitutional law, system of sources of constitutional law, normative legal act, judicial precedent, hierarchy of normative legal acts