Comparative Analysis of the Concept of Constitutional Judicial Law-Making in the United States of America and Kazakhstan
K. Saparbekova E. B. Smanova A. B. Makhambetsaliyev D. S. Nessipbaeva I. B. Nussipova L.
February 2025Springer Science and Business Media B.V.
International Journal for the Semiotics of Law
2025#38Issue 2603 - 617 pp.
Constitutional and judicial law-making is increasingly beginning to find its reflection not only in the Anglo-Saxon, but also in the Romano-Germanic legal family. However, the prerequisites for the use of this legal instrument are different, which determines the relevance of conducting a comparative analysis regarding the provision of such a mechanism in the USA and Kazakhstan. The purpose of the research is to identify common and distinctive features in the process of implementation of constitutional and judicial law-making in countries belonging to different legal systems. The article uses the methods of analysis, synthesis, comparison, deduction and generalization. As a result, the specificity of ensuring the mechanism of constitutional law-making in the USA was expressed, taking into account various forms of law-making activity. It has been established that the development of constitutional provisions in the United States takes place with the help of the constitutional doctrines of the Supreme Court of the United States, which provide for the introduction of amendments to constitutional provisions without a formal procedure. As a result of the study of the experience of Kazakhstan, it was established that special priority was given to the role of precedent, in particular, the decision of the Supreme Court of the Republic of Kazakhstan. This is explained by the integrative nature of the Romano-Germanic legal system, which allows effective development of national legislation as a whole and its provisions. The obtained results can be used during the professional training of judges in the Republic of Kazakhstan.
Creation of Legal Norms , Interpretation of Norms , Legal System , Precedent , Supreme Court
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Ministry of Science and Higher Education of the Republic of Kazakhstan, Astana, Kazakhstan
Department of Theory and History of State and Law, Constitutional and Administrative Law, Al-Farabi Kazakh National University, Almaty, Kazakhstan
Faculty of Law, Al-Farabi Kazakh National University, Almaty, Kazakhstan
Department of Civil Law, International Taraz Innovation Institute named after Sherkhan Murtaza, Taraz, Kazakhstan
Ministry of Science and Higher Education of the Republic of Kazakhstan
Department of Theory and History of State and Law
Faculty of Law
Department of Civil Law
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