Эссе "The constitution the Kazakhstan and Czech Republic"
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Every society has certain standards which ensure that its members' actions do not harm the same society. There are two types of standards, Verbal Standards, which are not written down but are taken for granted and handed down from generation to generation. These can be applied differently depending on the case. There are also Written Standards, which are written down. These are hard to change, but much easier to apply than the Verbal Standards.
In a Democratic State, the main set of rules is called the Constitution. These rules are generally obeyed by everyone.
The Constitution is divided into two main sections, The Human Rights and The Institutions of the State.
In the Human Rights section, the Constitution defines what rights each member of the state is entitled to. For example, it may define that everyone has the right to vote in an election, or that everyone is entitled to a pension when he reaches a certain age.
The Institutions of the State is divided into three sections: the Legislative, the Executive and the Judiciary.
The Legislative is made up of a group of people who have the power to make new laws or alter existing ones, including the Constitution itself. (The Constitution is harder to alter than the other laws because it can't be altered by a simple majority of the members agreeing with the alterations). These people are the Members of the Parliament, who are elected by the citizens of the state and meet to discuss matters concerning the state.
The Executive has the responsibility to apply the rules which the Legislative defines. The Executive is controlled by the members of the Government, also elected by the citizens of the state. The government is controlled by the Prime Minister.
The Judiciary executes justice in the state, and makes sure that all the laws are obeyed by the citizens.
In a true democratic state, these three Institutions of the State do not overpower each other, but work in such a way that each one of them is independent and can check over each other to make sure that there is no abuse of power.
The Constitution is very important because it defines the main outlines of how the state is ruled, the fundamental rights of the citizens, and also defines that the state is a Democracy for example. This makes it the most important of all the laws in a state
Kazakhstan as a very rapidly developing country in central Asia is important for many researcher in all over the world. In our country, most of eastern countries' laws are not be sought with scientific aims, in contrast the western countries have at least one institute for observing the developments in law as in other scopes of these countries.
As we know, in generally, constitutions can be described as documents showing fundamental rights and freedoms of peoples and main structures of states. Obviously, most of the constitutions are results of long-term struggles of peoples and have historical background. Only some of them are given as a right or gift to people by administrators and emperors. Countries were under the rule of USSR for nearly seventy years until 1990. After Gorbachev's «Glasnost» (openness) and «Perestroica» (reconstruction) policies, for a while every Soviet Socialist Republic had their own constitutions.
The Constitution of the Republic of Kazakhstan adopted at the republican referendum on August 30, 1995 and Constitution of the Czech Republic adopted on January 1, 1993.
The Constitutions of both the Kazakhstan and Czech Republic have similarities and differences between them. The Czech Republic constitution came earlier in history than the Kazakhstan one did. Some of the same ideas that were in the Czech Republic constitution were carried over to some of the ideas that we use in our government today. In this paper I will compare and contrast these ideas as they relate with one another.
First of all I want to compare preambles.
Kazakhstan Czech Republic
We, the people of Kazakhstan, united by a common historic fate, creating a state on the indigenous Kazakh land, considering ourselves a peace-loving and civil society, dedicated to the ideals of freedom, equality and concord, wishing to take a worthy place in the world community, realizing our high responsibility before the present and future generations, proceeding from our sovereign right, accept this Constitution.
We, the citizens of the Czech Republic in Bohemia, Moravia and Silesia, at this time of the reconstitution of an independent Czech State, true to all the sound traditions of the ancient statehood of the Lands of the Crown of Bohemia as well as of Czechoslovak statehood, resolved to build, protect and advance the Czech Republic in the spirit of the inalienable values of human dignity and freedom as the home of equal and free citizens who are aware of their obligations towards others and of their responsibility to the community, as a free and democratic State founded on respect for human rights and on the precept of a community of citizens, as a member of the family of democratic nations of Europe and the world, resolved to protect and develop their natural, cultural, material and spiritual heritage, resolved to heed all the well-proven tenets of law-abiding state, have adopted through our freely elected representatives this Constitution of the Czech Republic
Main idea of preambles is similar. Both of States wish fighting for freedom, protect and develop their natural, cultural, material and spiritual heritage.
The constitution of Kazakhstan has nine sections and 98 articles. There are
Section I. General Provisions
Section II. The Individual and Citizen
Section III. The President
Section IV. The Parliament
Section V. Goverment
Section VI. The Constitutional Council
Section VII. Court and justice
Section VIII. Local public administration and self-administration
Section IX. Concluding and transitional provisions
The Constitution of Czech Republic has eight chapters and 113 articles. There are
Chapter 1. Fundamental Provisions
Chapter 2. Legislative Power
Chapter 3. Executive Power
Chapter 4. Judicial Power
Chapter 5. The Supreme Control Office
Chapter 6. The Czech National Bank
Chapter 7. Territorial Self-government
Chapter 8. Interim and Final Provisions
Compare Human Rights sections
We have a lot of similar articles. For example, both of States have articles about that people shall be the only source of state power. People in these states appreciate above all. Everyone has the right to vote in an election, or that everyone is entitled to a pension when he reaches a certain age. Everyone shall have the right to life or everyone shall have the right to personal freedom. Everybody may do what is not prohibited by law and nobody may be forced to do what the law does not instruct him to do. I thing in the Human Right section shouldn't be difference. Every state does everything for people who live in his territory. Because, person is the most value on the Earth.
The Institutions of the State section
constitution law articlе
Kazakhstan has legislative power like Czech Republic. Parliaments of the Republic of Kazakhstan and Czech Republic are the highest representative body of the Republic performing legislative functions. The Parliament shall have two chambers which shall be the Chamber of Deputies and the Senate in Czech Republic and the Senate and the Majilis in Kazakhstan. Also in my country the Senate shall be composed of deputies elected in twos from each oblast, major city and the capital of the Republic of Kazakhstan, at a joint session of the deputies of all representative bodies of the respective oblast, major city and the capital of the Republic. Seven deputies of the Senate shall be appointed by the President of the Republic for the term of the Senate. The Majilis shall consist of seventy-seven deputies. Sixty-seven deputies shall be elected in constituencies having one mandate and formed according to the administrative-territorial division of the Republic with an approximately equal number of constituents. Ten deputies shall be elected on the basis of the Party Lists according to the system of proportional representation and in the territory of a unified national constituency. In the Czech Republic the Chamber of Deputies shall have 200 Deputies who shall be elected for a term of four years. The Senate shall have 81 Senators who shall be elected for a term of six years. One third of the Senators shall be elected every two years. Elections in countries shall be carried out on the basis of the universal, equal and direct right under secret ballot. Every citizen of the Republics who has attained the age of eighteen years shall have the right to vote.
Differences in this section: in Czech Republic on the day when a Deputy or Senator assumes the office of P...