Country Studies | 更新时间:2025-03-31
Jurisprudence and Charismatic Leadership—Kazakhstan’s 2022 Constitution and Tokayev’s Legitimacy Reinvention
李书齐    作者信息&出版信息
Country and Area Studies   ·   2025年3月31日   ·   2025年 9卷 第2期  
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1、 Introduction

On June 6, 2022, Kazakhstan's new constitution passed a national referendum with a high vote of 77.18%, marking the country's third national referendum and second major constitutional reform since independence. The new constitution has amended 35 articles and 56 sections of the original constitution, involving nearly one-third of the constitutional text. The Constitution is the soul of a country, representing the unity of the nation and the overall state of social order. It embodies the specific life and existence of the country, reflects the form of its political system, regulates the form of political unity, and presupposes the political will upheld by the political unity. The promulgation and implementation of the new constitution of Kazakhstan in 2022 is a symbol of Tokayev's fixation of his core political reform ideas in the form of legal texts after the "January Incident". It is a key step in the political reform of "New Kazakhstan" and also an attempt by Kazakhstan's political leaders to rebuild "legitimacy" from the dual levels of "legality" and "charm". Thoroughly analyzing the new Constitution of Kazakhstan in 2022 is an important entry point for understanding the development of the contemporary constitutional system in Kazakhstan, grasping the political reform process during the Tokayev era, and comprehending the legitimacy logic of political power.

2、 The main contents of Kazakhstan's constitutional reform in 2022

The main contents of Kazakhstan's constitutional reform in 2022 involve the adjustment of presidential power, parliamentary reform, and institutional reform. The adjustment of presidential power includes revoking the legal status of the "first president", limiting presidential powers such as prohibiting the president from participating in political party activities, restricting close relatives of the president from holding public office, changing the Secretary of State to State Advisor, and adjusting the appointment process for local administrative officials. Parliamentary reform focuses on the reform of election methods, powers, and voting methods, including the introduction of mixed electoral and proportional representation systems, adjustments to parliamentary powers, and reforms to parliamentary voting procedures. The institutional reform aims to improve the mechanism for exercising presidential and parliamentary powers, involving the establishment and functional adjustment of the Supreme Audit Court and the Constitutional Court, including the reform of budget audit institutions and constitutional review systems, emphasizing the political neutrality of these institutions.

3、 Constitutional reform that interweaves legal authority and charismatic authority

Discussed the interweaving and shaping of legal and charismatic authority in the constitutional reform of Kazakhstan. The new constitution attempts to cultivate a legal authority by standardizing the powers of the president, parliament, and supervisory bodies, while maintaining a steady and gradual pace, with limited adjustments to the existing political order. The cultivation of legal authority requires strengthening the powers of legislative and judicial organs, but cannot excessively weaken the presidential power, as the country still needs charismatic leaders to lead political reforms. The new constitutional reform includes constraining presidential power, weakening traditional authority, enhancing the professionalism and independence of supervision, auditing, and constitutional committees, as well as strengthening parliamentary power and reflecting the principle of separation of powers. Tokayev demonstrated his determination to cultivate legal authority through actions such as constitutional referendums, state of the nation speeches, signing constitutional amendments, and holding non routine presidential elections. However, the growth of legal authority is limited because the 2022 Constitution is an amendment to the 1995 Constitution and does not touch on its absolute meaning. The multi-party parliament is still largely subordinate to the presidential power, and the introduction of proportional representation is more aimed at maintaining the president's control over the parliament. The ambiguous provisions in the new constitution regarding parliamentary voting results provide space for external power intervention. Although the new constitution requires the establishment of a constitutional court and the separation of the president from political parties, this is not an original creation of Tokayev and cannot be seen as a sufficient condition for the maturity of legal authority. The growth of legal authority serves the construction of charismatic authority. Tokayev broke the autocratic leadership model through constitutional reform, abolished provisions regarding the status and privileges of the first president, emphasized the protection of citizens' rights, and demonstrated efforts to build a civil law based governance system. The new constitution strengthens the legal authority and conveys Tokayev's ethics of responsibility and belief. Through specific measures such as constitutional review, specialization of budget audit institutions, and reform of the parliamentary election system, it aims to combat political and economic corruption, restrict nepotism and monopolies. The promulgation of the new constitution has shaped Tokayev into a reformer or leader who is determined to reform and lead the country out of difficulties, a charismatic leader who combines responsibility ethics and belief ethics.

4、 Conclusion

Through the case of constitutional reform in Kazakhstan, it demonstrates the consolidation of presidential power and the growth of charismatic authority, while improving citizen rights provisions and regulating state institutions, creating conditions for the growth of legal authority. The growth of legal authority and charismatic authority is positively correlated, and the responsibility ethics and belief ethics of political leaders converge together, giving birth to extraordinary charismatic leaders who regard politics as their duty. The new constitution of 2022 reflects the strategy of Kazakhstan's new generation of political leaders to cultivate legal authority and shape charismatic authority, achieving legitimacy reconstruction. Constitutional reform in Central Asian countries is a unique political phenomenon, where the charismatic authority of leaders is strengthened while the legal authority is also growing. Establish a unique constitutional model based on the tension between the consolidation of leadership power and the liberalization and legalization of social and political life. The strategy of building charismatic authority and legal authority ensures social stability in the process of political transformation and establishes a favorable environment for the development of modern political civilization. The blind transplantation of Western democratic political models in Kyrgyzstan has led to the disintegration of the charismatic power system and the failure to establish a sound legal political system, resulting in periodic cycles of "color revolutions".

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