Kazakhstan’s Draft Constitution and the Reordering of State Authority
Kazakhstan’s current constitutional reform is no longer limited to parliamentary redesign. A draft updated basic law has been released for public discussion, and it presents the effort as a review of the state’s political architecture culminating in a nationwide referendum. The draft is described as the product of months of work initiated by President Kassym-Jomart Tokayev, with large-scale changes proposed for the country’s political system. A replacement-style text, an explicit state-architecture rationale, and a referendum endpoint together signal a reform agenda that reaches beyond legislative mechanics to the overall distribution of authority, the protection of fundamental rights, and strengthening of the rule of law. Kazakhstan’s current constitution was adopted by referendum in August 1995, replacing the January 1993 basic law. It has been amended repeatedly, including significant revisions in 1998, 2007, 2011, and 2022. The 2022 referendum package was a particularly extensive set of amendments. It presented a model of a presidential republic with a strong parliament, redistributed selected powers from the presidency to parliament, and created new parliamentary mechanisms. It also strengthened the ombudsman, enabled direct citizen appeals to the Constitutional Court, established a commissioner framework for socially vulnerable categories, established a ban on the death penalty, and set a single seven-year presidential term without the possibility of reelection. From Proposal to Draft Basic Law The current draft emerged from a process launched under Tokayev in late 2025. In September 2025, he proposed moving to a unicameral parliament, which set the reform’s initial direction. A working group was established in October 2025 to develop proposals, and in January 2026, a commission was formed to carry the work forward. The commission was chaired by Elvira Azimova, head of the Constitutional Court of Kazakhstan, linking the drafting process to the institution that reviews the basic law. The commission’s work moved beyond incremental amendments. It reviewed proposals affecting seventy-seven constitutional articles, about 84% of the current text, and that breadth drove the decision to prepare a fundamentally new basic law rather than another package of revisions. Rewriting most of the operative text shifts the reform from a parliamentary adjustment to a redesign of the state’s governing framework. The resulting draft is structured as a replacement-style document, with an updated preamble and a reorganization into eleven sections and ninety-five articles. The institutional centerpiece of the draft is a shift from a two-chamber parliament to a single chamber and to proportional representation for electing deputies. The proposed supreme legislative body, the Kurultai, would have 145 deputies, slightly fewer than the combined 148 members of the current Mazhilis and Senate of Kazakhstan. The draft also grants the Kurultai expanded powers, pairing structural consolidation with a change in how legislative authority is organized, including oversight, political accountability, and approval of key state appointments and conciliation procedures. Alongside the proposed legislature, the draft creates a national dialogue platform, the People's Council of Kazakhstan, described as the highest advisory body representing citizens’ interests and granted the right of legislative initiative. This adds a second channel for agenda-setting with...
