# Myth: 'If the Constitution Was Adopted by Referendum, It Must Be Perfect'

> A referendum confers legitimacy – but not perfection. The US Constitution began by enshrining slavery. Kazakhstan's 1995 Constitution required 56 amendments in 2022. Every constitution is a compromise. That is precisely why the 2026 Constitution builds in mechanisms for renewal: the Constitutional Court, amendments, and the Khalyk Kenesi.

Canonical URL: https://constitution.my/p/myths-constitution-always-good?lang=en
Language: en
Updated: 2026-07-26

Section: Myths

## The myth

"The people voted for it – so the Constitution is perfect and nothing in it needs to change."

## The facts

A referendum confers **legitimacy** – the right to speak in the name of the people. But legitimacy is not the same as perfection.

**No constitution in history has been perfect:**

- **US Constitution (1787)** – enshrined slavery. It took 78 years and a civil war to pass the Thirteenth Amendment. There have been 27 amendments in 237 years
- **French Constitution** – the current one is the fifth (1958). Each of the previous four addressed the challenges of its time and became outdated
- **Kazakhstan's Constitution (1995)** – was optimal for the transition period. But over 30 years, contradictions accumulated: the 2022 reform introduced 56 amendments, and the 2026 Constitution changes 84% of the text

**Why this happens:**
- A constitution is a **compromise** among groups, interests, and values
- Society changes – what worked in 1995 does not work in 2026
- Practice reveals problems that cannot be foreseen at the 2026 Constitutioning stage

## Mechanisms for renewal in the 2026 Constitution

The Constitution provides for its own updating:
- **Amendments** – through the Kurultai (qualified majority) or referendum
- **Constitutional Court** – interprets provisions, adapting them to new realities
- **Khalyk Kenesi** – a feedback channel from society, with the right of legislative initiative
- **Constitutional laws** – specify principles without changing the Constitution itself

## Why this myth exists

There is a desire for a "final answer": vote once and never have to think again. But a constitution is a living document. Criticism and renewal are signs of a mature society, not disrespect.

## Key Facts

- A referendum confers legitimacy but does not guarantee perfection
- US Constitution – 27 amendments in 237 years; Kazakhstan 1995 – 56 amendments in 2022
- The 2026 Constitution builds in renewal mechanisms: amendments, the Constitutional Court, Khalyk Kenesi
- Criticising a constitution is normal practice, protected by freedom of expression

## Checked sources

- [Official publication of the 2026 Constitution of the Republic of Kazakhstan](https://adilet.zan.kz/rus/docs/K2600000000) – Adilet Legal Information System (checked 2026-07-16)
- [Constitution of the Republic of Kazakhstan of 1995 (official archive publication)](https://www.gov.kz/uploads/2020/2/11/92594e9ba28352a961ca421505b4b79a_original.146163.pdf) – Gov.kz (checked 2026-07-16)
- [Constitutional Law on the Constitutional Court of the Republic of Kazakhstan](https://www.gov.kz/memleket/entities/ksrk/documents/details/395513?lang=ru) – Constitutional Court of the Republic of Kazakhstan (checked 2026-07-16)

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Source: https://constitution.my/p/myths-constitution-always-good?lang=en
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