Home > 5.3 Validity of the question > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 48
 

Where such courts exist, the respective constitution generally establishes their overall jurisdiction, the parties entitled to appeal to such courts, as well as the constitutional principles on which the activity of the constitutional court shall be based; more concrete norms on procedural matters are then set out in laws and rules of procedure, with the latter usually being drafted by the constitutional court itself.45 At the same time, the institutional independence of such body should generally be guaranteed in the constitution.46 The fact that “[t]he organization and procedures” of the Constitutional Chamber would be defined by ordinary legislation (new Article 93 par 4) would jeopardize the institutional status of the Constitutional Chamber, which, as the main body responsible for interpreting the Constitution, should be fully independent from the executive and the legislative branches. It is noted however that certain aspects regarding the composition of the Constitutional Chamber and its role are still laid down in the revised Article 97, which would support the view that it retains a special status within the Kyrgyz judicial system.