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LAW2104 Constitutional Law of Kazakhstan

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Code

LAW2104

Title

Constitutional Law of Kazakhstan

Credits

3

Description

The course introduces Constitutional Law of the Republic of Kazakhstan (CLK) to the students as a leading legal branch science. It starts with explaining the notion, object, sources, system and methods of Constitutional Law per se and in general, so that the students understand its basic principles and concepts, and proceeds to clarifying and characterizing the CLK specifically as a legal branch and legal science in Kazakhstan. A characterizing overview of the Constitution of Kazakhstan including its legal nature, operation, relationship with other legal acts as well as international legal norms, is provided. The constitutional basics of status of the individual and citizen in Kazakhstan are discussed covering the issues of human rights and constitutional rights, their protection, guarantees, duties of citizens, the notion of citizenship and foreign citizens. The constitutional status of social political institutions (state, administration, state and non-state organizations, political parties, etc.) will be reviewed. Students will familiarize themselves with constitutional basics of organization and functioning of such key state institutions as Parliament, President, government, judiciary, Office of the Prosecutor, local state and self-governing bodies as well as the Constitutional Council of Kazakhstan. Suffrage and electoral system are discussed. The course is thus aimed at providing the students with an up-to-date information and theoretical / practical knowledge on major pillars of CLK.

Objectives

The course is rather interactive; hence the student preparation and participation are important. The students are expected to read the assigned materials, ask questions and show active engagement during the class. This is so since the lectures are aimed, inter alia, at solving the doubts or uncertainties that may arise during the scrutiny and discussion of the topic(-s) at stake. Furthermore, students’ self-study is significant in the learning process: they are welcome to conduct additional research, consult extra materials, works, (text-) books, etc.

Outcomes

Upon successful completion of the course, students will be able to: 1 Knowledge outcomes - obtain systematic knowledge of the main institutions, issues and theoretical plus practical problems of CLK, with a view to further applying it in the study and practice of other legal disciplines, either branch or specific legal sciences, and in preparation for their future careers - develop their understanding of the place and role the CLK plays in the general structure of legal branches in Kazakhstan - acquire knowledge on the evolution and development of CLK for the last ten-fifteen years - familiarize themselves with the scholarly literature and legal sources pertinent to CLK 2 Skills outcomes - learn how to organize their own learning programme and manage their time effectively - learn how to assimilate large amounts of material and extract from it relevant information to successfully prepare for and complete each seminar and written assignment - learn to listen and interact effectively in class - learn how to engage and reflect critically on issues related to theoretical and practical discussion of the law - learn to express their ideas coherently and logically, both orally and in writing - hone their problem-solving skills as well as the ability to generate practical ideas for the solution of legal problems 3 Values and behavior outcomes - appreciate the constitutional system of Kazakhstan by becoming aware of a variety of factors affecting its functioning and relevance - appraise the constitutional principles, norms and institutions in a more objective and critical way

Assessment

60 % -first and second assessments
40 % -final assessment

Tentative course outline

Week1

Introduction

Week2

Constitutional legal norms, institutions and principles

Week3

The Constitution

Week4

Constitutional basics of the status of the individual and citizen in Kazakhstan

Week5

Constitutional basics of the status of the individual and citizen in Kazakhstan (continued)

Week6

Constitutional status of social political institutions

Week7

Constitutional basics of civil society

Week8

Parliament

Week9

Head of state

Week10

Government

Week11

The judiciary

Week12

Office of the Prosecutor

Week13

Local state governing and self-governing bodies

Week14

Constitutional justice

Week15

Electoral system