Basiсs of Const. Law

1. International Educational Corporation Handouts

• Topic №18 Basics of Constitutional Law
RK
• Basis of law
• 2 credits
• assoc. professor
2017-2018 years
7/8 semester
Yerkin Massanov

2. The brief content:

• 1. Definition of Constitutional
Law;
• 2. Three main term of
Constitutional Law;
• 3. Three branch of Government.

3. Constitution of RK:

Adopted in a referendum on August 30,
1995.
Entered into force on September 5, 1995.
Amendments and additions were made on:
- October 07.1998;
- May 21, 2007;
- February 02, 2011.
It consists of 9 sections.

4. Term Constitutional law

refers to rights carved out in the
state constitutions. The majority of
this body of law has developed from
state supreme court rulings, which
interpret their respective
constitutions and ensure that the
laws passed by the legislature do not
violate constitutional limits.

5. Three main keywords CL:

1. Checks and Balances;
2. Due Process Clause;
3. Commerce Clause

6. 1. Checks and Balances:

The powers of each branch of
government to restrain the other two
branches to prevent a single branch from
exerting too much power

7. 2. Due Process Clause:

• - A clause in the Constitution
prohibiting the government from
depriving a person of life, liberty,
or property without conducting a
fair and just proceeding, such as a
hearing where the person at issue is
able to testify in his or her own
defense.

8. 3. Commerce Clause:

A clause in the RK Constitution that
grants Congress the power to pass laws
related to interstate commerce or
anything that may substantially affect
interstate commerce

9. Three levels of Law:

Constitutional law also involves the
rights and powers of the branches of
government. Constitutional lawyers
also help resolve disputes among the
branches:
1. Legislative b.;
2. Executive b.;
3. Judicial b.

10. 1. Legislative Branch:

one of the three branches of
government, tasked with making and
revising laws; made up of both
houses of state at the Governmental
level, and the houses of a state
legislature at the state level.

11. 2. Executive Branch

One of the three branches of
government, tasked with executing
and enforcing laws; made up of the
president and the president's cabinet
at the govenmental level, and the
governor and the governor's cabinet
at the state level

12. 3. Judicial Branch

of the three branches of
government, tasked with
interpreting laws; made up of the
Supreme Court district and
appellate courts at the governmental
level, and the state supreme court
and lower state courts at the state
level

13. In Conclusion - Constitutional L.:

• the body of law that evolves from a
constitution, setting out the
fundamental principles according to
which a state is governed and defining
the relationship between the various
branches of government within the
state.

14. # 18 Seminar:

• 1. President of the Republic of
Kazakhstan and his powers in CL?
• 2. Main term in Constitutional
Law (Glossary - 10) ?
• 3. Constitutional Law of RK
(essay 1 p. )?