Constitution of Azerbaijan
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The Constitution of Azerbaijan (Azerbaijani: Azərbaycan konstitusiyası) was adopted on 12 November 1995 by popular referendum. This Constitution was the first Constitution of independent Azerbaijan.
The first Constitution of independent Azerbaijan consists of 5 chapters, 12 sections and 147 articles. It was amended on 24 August 2002 and again on 18 March 2009. It carries the "highest legal force" in Azerbaijan as per article 147.[1] The most recent amendments to the Constitution were approved after the Constitutional referendum held on 26 September 2016.[2] In 2002, 31 amendments were made to 22 articles; in 2009, 41 amendments were made to 29 articles; and in 2016, 23 articles were amended and 6 new articles were added.
History
The Azerbaijan Democratic Republic founded in 1918 and existed 23 months until 1920 was not able to adopt its constitution. Therefore, the history of Constitution building in Azerbaijan generally starts from the period of Azerbaijan being part of Soviet Union. The first Constitution of Azerbaijan SSR was adopted in 1921 and was in accordance with the Constitution of USSR. The last Constitution of Azerbaijan SSR was adopted on 21 April 1978 and also was in line and form of USSR Constitution.
Azerbaijan declared its independence in 1991, and the preparation of a new constitution to replace the 1978 document began in 1992.[3] The adoption of a new constitution was repeatedly delayed by civil and political turmoil.[3] Pending the adoption of a new constitution, the fundamental document in the early 1990s was the October 18, 1991, Act of Independence, which government authorities described as the basis for a new constitution.[3] During this interim period, the provisions of the 1978 constitution were valid if they did not violate or contradict the Act of Independence.[3] The act declared that Azerbaijan is a secular, democratic, and unitary state, with equality of all citizens before the law.[3] Freedoms enshrined in the Universal Declaration of Human Rights and other international human rights documents were to be upheld, and the right to form political parties was stipulated.[3] The Act of Independence also proclaimed Azerbaijan's territorial integrity and its sovereignty over all its territory.[3]
Preamble
The Preamble to the Constitution specifies, in order to "provide prosperity and welfare of the whole society and each individual", that the following objectives be declared:[1]
- protection of national sovereignty and territorial integrity
- a constitutional democracy
- establish a civil society
- a secular state based upon the rule of law
- a "worthy life level" for citizens and "just" economic and social order
- observance of "universal human values", peace and international cooperation
Chapter 1, General Provisions
Section 1, People's Power
Section 1 establishes the source of state power being the
Section 2, Fundamentals of the State
Section 2 establishes the basic principles, aims and role of the state of Azerbaijan, defines the head of a state and concepts in regard to military forces, property, natural resources, social, economic and development issues as well as state symbols, principles of foreign relations and the official language. It also establishes basis for religion and state, montery unit, restrictions concerning state depts and capital.[1]
Chapter 2, Major Freedoms, Rights and Responsibilities
Section 3, Principal Human and Civil Rights and Freedoms
Generally, there are 48 Articles regarding principal human and Civil Rights and Freedoms in the Constitution of Azerbaijan. Section 3 establishes the major rights and freedoms of citizens of Azerbaijan, including
Section 4, Principal Obligations of Citizens
Section 4 obliges citizens to obey laws, pay
Chapter 3, State Power
Section 5, Legislative Power
Section 5 establishes the
Section 6, Executive Power
Section 6 establishes the post of President of Azerbaijan and the President's requirements, duties, capacities and powers, as well as those of his Cabinet.[1]
The 18 March 2009 amendment lifted the previous term limit of two five-year terms for the office of President, allowing President Ilham Aliyev to run for a third term after his second term ends in 2013.[5]
Section 7, Judicial Power
Section 7 establishes the Azerbaijani judicial system and Constitutional and Supreme Courts.[1]
Section 8, Nakhichivan Autonomous Republic
Section 8 establishes the
Chapter 4, Local Self-Government
Section 9, Municipalities
Section 9 establishes the basic structure of
Chapter 5, Justice and Law
Section 10, Legislative System
Section 10 upholds the Constitution as having the "highest legal force" and that no laws or decrees may contradict it; it also establishes the legislative system of the country, based upon the Constitution, referendums, laws, presidential decrees, resolutions of the Cabinet and Acts of executive bodies.[1]
Section 11, Changes in the Constitution of the Republic of Azerbaijan
Section 11 establishes the process of amending the Constitution through referendum, and stipulates what sections of the Constitution cannot be cancelled.[1]
Section 12, Additions to the Constitution of the Republic of Azerbaijan
Section 12 establishes the process of adding provisions to the Constitution through referendum.[1]
Transitional Clauses
Transitional clauses provide conditions for taking power of the Constitution and its application in regard to different branches of power defined by it.
Holiday
Constitution Day is celebrated on 12 November as a national holiday.[6]
References
- ^ a b c d e f g h i j k l m n "The Constitution of the Republic of Azerbaijan". United Nations in Azerbaijan. 24 August 2002. Archived from the original on 28 September 2007. Retrieved 8 October 2007.
- ^ "Referendum on changes to the Constitution of Azerbaijan - EEAS - European External Action Service - European Commission". EEAS - European External Action Service. Retrieved 2017-07-03.
- ^ OCLC 31709972.
- ^ "Venice Commission Preliminary Opinion".
- ^ Azerbaijan lifts term limits, ResetDOC, 19 April 2009
- ^ Gadimova, Nazrin (12 November 2013). "Azerbaijan celebrates Constitution Day". Azernews. Retrieved 7 January 2018.