SOME HISTORICAL ASPECTS OF THE ESTABLISHMENT AND DEVELOPMENT OF THE CONSTITUTIONAL CONTROL INSTITUTION

Abstract

The article is devoted to the history and the contemporary situation as well as the constitutional and legal consolidation of the principle of constitutionality of laws and other normative acts. The topicality of the article is, first of all, due to the fact that the history of the emergence and development of constitutional control in science remains controversial. Conclusions on the origin of the idea of constitutional control in the historical aspect and its emergence are based on the scientific works of L.G. Malskaya, Kh.A. Abisheva, S.B. Bobotova, D.M. Baymakhanova and others. The article considers Hans Kelsen’s concept “about three postulates”, which is still topical in our time. By analyzing them, the researcher comes to the conclusion that these three postulates underlie the organization and activity of the continental model of constitutional control bodies. The author analyzes views on the history of the formation of constitutional control in the Soviet Union and in the Republic of Kazakhstan. Both Russian and Kazakh scientists’ researches are taken as a basis for the six stages. Key words: Constitution, Hans Kelsen, constitutional control, stage of development.