STEPHEN BARNES, VICE DEAN OF THE PENN STATE LAW: KAZAKHSTAN IS THE PLACE WHERE IT ALL STARTED

Vice Dean of the School of Law of the University of Pennsylvania Stephen Barnes delivered a leadership lecture at the Al-Farabi Kazakh National University. The Guest of honor was welcomed by the Chairman of the Board – Rector of Al-Farabi Kazakh National University Zhanseit Tuimebayev. In his speech, the head of the university, introducing the lecturer, noted that KazNU interacts with US academic institutions in various fields. To date, more than ten agreements have been signed with leading universities, institutes, research centers, and non-governmental organizations in the United States.

Within the framework of the agreements, various educational programs and scientific and innovative projects are being successfully implemented. Stephen Barnes supervises LL.M. (Master of Laws), S.J.D. (Doctoral Program), and exchange programs for students and visiting scholar of the University of Pennsylvania. He taught: Introduction to American Law, Legal Studies and Writing, Introduction to International Environmental Law, Legal English, Contracts, Public International Law, Critical Thinking and Writing. He has taught some of these courses as a visiting professor at Peking University, School of Law of Harbin Institute of Technology, Shandong University, Ocean University of Sri Lanka, Beijing of Foreign Studies University and Northwestern University of Political Science and Law.

I am very glad to be here with you today. It's like I'm in New York at the United Nations General Assembly. This is my sixth visit to Kazakhstan. I would like to tell you a little about my past. I have lived outside the USA for a quarter of my life, about seven years in China, and now I live in Oslo, Norway for two weeks every month and it is a great honor for me to be here. For me personally, as a native of the mountainous region of the western United States, when I am here in Almaty, at the university, I look at the mountains and it feels like at home. Before I start, I would like to tell you about our university. Our university was founded around 1855. The president of our university is a woman from India, she is an immigrant, I come from a country of immigrants. And when I am here in Kazakhstan, I get a reminder that in many cases Central Asia is the birthplace of civilization. In my opinion, the USA and Kazakhstan have more in common than differences.

We have graduates from Kazakhstan. And one of them is Samgat, a graduate of KazNU, whom I met seven years ago in Kokshetau. He didn't speak English, but he worked very hard for a year, enrolled to the University of Pennsylvania for a Master of Laws program. I'm here today because of him. He represented Kazakhstan and your university so well that he inspired me and Penn State University to invest and develop the relationship further. We have already discussed some issues with Mr. Rector.

Before I start talking about Constitutional Law, I must remind you that Central Asia is the place where it all has started. When I visit places like India,Uzbekistan or China, I am convinced that America is a baby who has not done anything yet and has not learned anything yet. In particular, when I look at your region, I analyze those scientists who were produced by Central Asia, including Kazakhstan. For example, Ibn Sina, who is considered to be a Father of Medicine. When I go to the doctor, they are indirectly connected with Ibn Sina. Al-Khorezmi is the founder of algebra and algorithms. And of course al-Farabi, after whom your esteemed university is named after. Everything he did in philosophy and music can be called his representatives of the Renaissance, even before Leonardo was born.

The United States may be the youngest country in the world, but believe it or not, it has the oldest Constitution. Initially in the US, there were 13 states: from the northeast of the country to Florida, and they had to decide how to govern the country. And these people who stood at the origins of the country and created this constitution, which is the framework rules, defined the 3 main functions of the Government. First, the government must create laws, the so-called legislative power, which creates laws. The second function of the government is to enact the law, to make sure that the laws are in effect and they are followed. The third function of government is the interpretation of laws, and this applies to judges. Three basic functions of government are represented. The fact that the first creators of this constitution defined the functions of the government in the 12-page constitution is the first of its kind, but we must keep them separate. Because the first drafters of the constitution did not want a leader in the form of a king or khan or emir, they did not want power to be in the hands of only one individual. Instead, they identified three main functions of the government that could operate, but none of them had a high concentration of power, so they could competitive. All power should not have been concentrated in one branch. And this allocation was the beginning of the Constitution and was considered to be an innovative for its time.

The Constitution also refers to local government, state government and the federal government. The federal government dominates over all levels, under its control is the army and trade. But in general, the United States is like fifty countries in Europe. Luxembourg is different from Italy, Italy is different from France. Their religions, their languages, their culture are different and this is what is happening in the USA. For example, the first language in the following states, such as Arizona, Texas or California is Spanish, which is spoken by 40% of the states’ population. Chicago is the second city with a large Polish-speaking population after Warsaw. In this regard, the USA is like a large international airport. The federal government is responsible for the army, international trade, but the rest of the activities are left in charge of the state. But then things get even more confusing, as the state government is divided into judicial, executive and legislative branches. But if you're in California or Pennsylvania or Texas, you won't have a lot of interaction with the national government, more with the state government. And this is the main difference of what is here. For example, in Karaganda you have the same laws as in Almaty, which do not differ from the laws in Astana and so on.

But the way when the Constitution was created, the first pages of this 12-page document have represented the idea that there are three types of power. One creates a law, the second monitors its compliance and the last interprets it, it's like three lines of a big highway. It seems that it's all easy, if you read the constitution, it seems simple. Three lines, three functions of government, but in reality the Constitution is a very confusing and chaotic document. Since there are three types of power in which you try to maintain a uniform concentration of power by 33%. Therefore, we need constant control over the level of power of everyone, because if this is not done, then one will prevail over the others. The Constitution is written in such a form that it says to the legislative power, watch what the executive power is doing and if it does something wrong, then you can call the law unconstitutional. Therefore, it is chaotic and it should be like this. Democracy, in general, is a very complicated matter. It takes a lot of time to execute something, as people constantly check the concentration of power on each other.

The US Constitution also has the concept of a "Law of Rights". Article 1, 2, 3 talks about how the Government should work. The "Law of Rights" is an addition or amendment to the Constitution, but nevertheless has constitutional authority. It says that these rights belong to citizens, that these rights do not come from the Government and they relate to citizens. Everyone who is in the United States, even if he is not a US citizen, has the right to freedom of speech, freedom of religion, freedom of the press, all this is indicated in the "Law on Rights". Freedom of religion, for example, in America there are representatives of almost all religions: Muslims, Christians, Zoroastrians. But the state cannot provide any financial assistance to religions, since it cannot show a preference for one of them.

So let's be honest about the Constitution. In 1789 when it was compiled, it began with the phrase: "We are the people." It's a strong phrase if it means what it means. But this phrase was written by a white man at a time when slavery was still legal. At that time there were laws regulating slavery, and women did not have the right to vote. That document was still very far from ideal. In fact, at that time there were still many mistakes in the Constitution. But the Constitution could be amended, it could be changed. The judicial authorities have been given the opportunity to review state laws together with federal legislators in order to meet the requirements of the time. But I have to say that there were many mistakes in the Constitution, it is not an ideal document. And it continues to be subject to changes by the judicial authorities. There are mechanisms that allow the subjects of the federation to interact with each other. Sometimes we are even talking about heated disputes in court, designed to help resolve existing issues. But democracy can be confusing. She maintained our unity even during the years of the Civil War and succeeded in this. I believe that democracy for the most part succeeds in preserving our unity to this day. At the same time, the Constitution is still considered an ambitious document. It spelled out who we would like to be as a state.

I was on a short visit to one of the classes, and one of the students really wanted to know about our Master's program in law. I want to say that one of the goals of my visit to your university is to develop a scholarship program that we want to make available to all eligible students, and which may also include one certificate for free tuition.

Kairzhan TUREZHANOV