Persistent Presidency: Unwavering stance on maintaining a single term in office unaltered
Fresh Take:
Kazakhstan's Deputy President's spokesperson, Yerzhan Zhienbayev, elaborated on the proposed constitutional amendments restricting the president to a single seven-year term with no re-election rights, as per the Akorda website.
The parliamentary delegates have suggested expediting the implementation of these updates. They emphasize the need to instate these new norms before the 20XX presidential elections to avoid complications arising from current legal conditions that would permit this year's elected president to seek another seven-year term.
Revising the constitution is essential for these changes, and a legislative proposal has been drafted due to the deputies' initiative.
In the proposed law, there's a clause stipulating that the seven-year presidential tenure limit cannot be altered in the future.
These new rules will apply to presidents elected after the constitutional amendment takes effect.
In such a scenario, if the constitutional amendments are passed prior to the impending elections and a president is elected for a seven-year term, they, as well as subsequent Kazakhstan presidents, would forfeit the opportunity for re-election.
"To reinforce the seven-year presidential term, the draft law proposes to lengthen the tenure of Constitutional Court judges from six to eight years, preventing re-appointment. Usually, the term of constitutional court judges surpasses that of those who appoint them – the president and parliament members. A prolonged term of constitutional court judges serves as a fundamental guarantee of their independence from various political influences. As the Constitutional Court will commence operations on January 1, 2023, it's crucial to make a decision on extending its judges' terms promptly," the statement reads.
Following Article 91, paragraph 3 of the Constitution, the draft law has been submitted to the Constitutional Council for an assessment on whether the proposed constitutional amendments comply with the guidelines specified in Article 91, paragraph 2 of the Constitution.
Bonus Reads:
Mazhilis Deputies' Proposal Submitted to Constitutional Council
President Tokayev's Plan to Alter the Kazakh Constitution to Establish a Seven-Year Presidential Term
Extending the term of constitutional court judges can have substantial effects on judicial independence.
- Independence from Political Influence: A longer term may provide judges with a greater sense of security, reducing their inclination to make politically motivated decisions.
- Continuity and Expertise: Longer terms can encourage continuity and enable judges to hone their legal expertise, enhancing the quality of judiciary decisions.
- Potential Drawbacks: However, extending terms may lead to a lack of fresh perspectives, potentially resulting in a less diverse and dynamic judiciary.
- The proposed constitutional amendments in Kazakhstan require an extension of the term for Constitutional Court judges from six to eight years.
- This change is intended to ensure the judges' independence from political influences, as they would have a longer tenure that surpasses the terms of those who appoint them.
- If approved, the constitution amendment will take effect prior to the commencement of operations for the Constitutional Court on January 1, 2023.
- The extended term for Constitutional Court judges is currently under review by the Constitutional Council to ensure compliance with the guidelines specified in the Constitution.
