Open AccessTheoretical issues of distinctions of the concepts constitutional law and "law" and the potential of the Constitutional Council in the sphere of implementing constitutional control as a tool for improving the legislative process
Author(s) -
Alipasha Agakhanoviсh Karaev,
AUTHOR_ID,
Assel Kalimbekova,
AUTHOR_ID,
AUTHOR_ID
Publication year - 2021
Publication title -
naučnye trudy "a̋dìlet"
Language(s) - English
Resource type - Journals
ISSN - 2077-9860
DOI - 10.54649/2077-9860-2021-1-36-42
Subject(s) - constitutional court , law , political science , constitutional economics , constitutional review , constitutional law , parliament , legislation , legal science , public law , legislature , constructive , comparative law , municipal law , sociology , politics , constitution , computer science , process (computing) , operating system
The article deals with the theoretical problems of the classification of laws and the use of the terms "law" in a broad and narrow sense. Attention is drawn to the experience of the Republic of Kazakhstan and foreign countries in solving these problems and a comparative legal analysis of the concepts of "law", "constitutional law" and their place in national legislation is carried out. The problem of the competence of the Parliament as a representative body of power is being studied. The activity of the Constitutional Council and its possibilities of extending control to acts of other authorities are also considered. Conclusions are made regarding the concept of a constitutional law and its purpose in the legal system of the state and it is indicated that it is necessary to clearly indicate the list of constitutional laws, as well as the areas of public relations that should be regulated by them, and it is also noted that the legal positions of the Constitutional Council can make a significant contribution to the development of constitutional –The legal thought of Kazakhstan, to lay the foundation for subsequent constructive scientific discussions.