Https://vestnik.zqai.kz/index.php/vestnik/article/view/1413

Abstract

The presented article gives the wording and justification of the methodological understanding of constitutionalism as the main paradigm of the vector of development of modern Kazakhstan in the context of the reform of the Constitution. The study considers the relationship of domestic constitutionalism with the realities dictated by the historical stages of the development of Kazakh statehood, authentication and ambiguity of constitutionalism; partisanship, universality, and a broad public interest in the value of constitutionalism as phenomena; constitutional imperatives and the correlation of legal and moral norms during the establishment of constitutionalism. The relationship between constitutionalism and popular sovereignty in the context of this article is the critical focus of political theory, jurisprudence, and constitutionalism. The authors suggests that the constitution can be more meaningfully understood by adopting a more complex concept of democracy—one that is able to distinguish between popular sovereign power in the hands of the people themselves, and in those of their agents in government. It establishes that underlying the bedrock doctrine of the basic structure of the constitution are fundamental questions about the relationship between constitutionalism and popular sovereignty. The article examines theoretical approaches to the concept of legal policy, considers the directions of legal policy and their inclusion in the constitutions of our country, as well as attempts to substantiate the role and influence of legal policy in the field of protecting the rights and freedoms of the individual in constitutional and other aspects, analyzes the historical process of Kazakhstan's acquisition of sovereignty, the formation and further improvement of individual institutions that make up the constructs of constitutionalization. The text is a conscious effort to institutionalize the country's revolutionary experience during its independent formation.