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.

Myths 1 min read 📄
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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 Each of the previous four addressed the challenges of its time and became outdated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
Related questions

Myth: “If a referendum has only one question, there is no real choice”

A single-question referendum is not automatically fake, invalid, or meaningless. If the issue submitted is a unified constitutional project, one question can reflect a yes-or-no decision on the project as a whole. The key issue is not the number of questions but whether citizens have enough information to make an informed choice.

Myth: “Everything changes the next day after the referendum”

No. Citizens voted on March 15. The Constitution was approved, but the entire legal system does not transform overnight. Implementation requires a transitional period, legal alignment, and institutional adaptation – the Constitution enters into force on 1 July 2026.

Myth: “Boycott is the strongest political response”

A boycott is not always the strongest strategy. According to the CEC, turnout reached 70.98% – the 50% threshold was exceeded. 87.15% voted in favor. The Constitution was adopted.

Myth: 'The Constitution Doesn't Work Anyway, So What's Written in It Doesn't Matter'

The claim that 'the Constitution doesn't work' is a common myth. Since 2023, the Constitutional Court has accepted dozens of applications from ordinary citizens and struck down several unconstitutional provisions. Applications are free and submitted via eGov. The Constitution works – when people use it.