NEW AZERBAIJAN PARTY

Q: November 12 marks the Day of Constitution in the Republic of Azerbaijan. We would like you to highlight the history of the development of Azerbaijan`s Constitution…

A: Constitution is a set of fundamental principles of a state. Every sovereign state has its ownconstitution. The constitution is one instrument of the state and it has to ensure all securityissues of the country and their people. So a constitution is a symbol of independence andsovereignty.If one republic is established, the first issue is formatting the constitution, because all policy making has to do after the constitution. It includes the normative law, the mostimportant rights and obligations.Azerbaijan has his own constitution in 1995, although Azerbaijan is established as aRepublic in 1918. This state could stay independent only 23 months and from 1920 till1990 it was under the Russian occupation, a part of USSR as other 13 countries.After Azerbaijan became his independence in 1991, he got his first own constitution in1995. In this paper you can read about the history and changes of Azerbaijani constitutionand reactions about last popular changes of society.

Azerbaijan adopted its first constitution on May 19, 1921 at the All-Azerbaijan Soviet Congress. A new version of the Azerbaijan SSR Constitution was adjusted to the Soviet Constitution in 1921, which was adopted at the Fourth All-Azerbaijani Soviet Congress on March 14, 1925. The final Azerbaijan SSR Constitution was adopted April 21, 1978 and fitted to the Soviet Constitution.

A necessity arose to develop a new constitution after Azerbaijan gained its independence. To this end, a commission was established under the guidance of former President Heydar Aliyev. A draft document was submitted via referendum and independent Azerbaijan's first constitution was adopted on November 12, 1995. Ever since, Azerbaijan celebrates the November 12 as a Constitution Day.

The first constitution of independent Azerbaijan was the basis of the country's foundation after the fall of the Soviet Union. The document composes of 5 sections, 12 chapters and 158 articles.

Amendments and additions to the Constitution were first made via referendum of August 24, 2002 and most recently March 18, 2009. In 2002, 31 additions and amendments were injected into 22 articles of the Constitution and 41 additions and amendments to 29 articles in 2009.

Continuing the centuries-long statehood traditions, taking as a basis the principles expressed in the Constitution act "On the State Independence of the Republic of Azerbaijan", desiring to provide prosperity and welfare of the whole society and each individual, wishing to establish freedom and security, understanding the responsibility before the past, present and future generations, using the right of its sovereignty declares solemnly its following intentions:to protect the independence, sovereignty and territorial integrity of the Republic of Azerbaijan;to provide a democratic system within the frames of the Constitution;to achieve the establishment of a civil society;to build a law-based, secular state to provide the command of law as an expression of the will of the nation;to provide a worthy life level for everybody in conformity with just economic and social order;to remain faithful to universal human values, to live in peace and freedom with all the nations of the world and co-operate with them for this purpose.

Q: How would you assess the role of national leader Heydar Aliyev in the development and adoption of the Constitution of Azerbaijan in 1995?

A: The years our country was governed by this unique historical person, whose name has gone down in the modern history of Azerbaijani statehood forever, are accepted as the era of renaissance, national progress, national revival, formation of independent state. Those years encouraged formation of Azerbaijan as an independent democratic state, building a democratic and legal society based on universal values.

To reinforce state independence, establish an independent government, set up and develop state attributes, assure Azerbaijan’s territorial integrity and sovereignty, get the country out of the war, improve citizens’ welfare, provide necessary living conditions to them were set as necessary tasks after Heydar Aliyev was elected a president. On his programme on the eve of the 1993 presidential elections the great leader declared: “Azerbaijan will choose the way of democratic development, our people will follow the path of the civil world.”

On the eve of adoption of the constitution of Azerbaijan conditions in the country were not favorable. Coup d’etat efforts replaced each other, the country was in danger of civic war. The only factor characterizing the success of the constitution was the personality of Heydar Aliyev.

On May 2, 1995, Supreme Assembly of the Republic of Azerbaijan approved the membership of the commission preparing a draft constitution. In the first sitting of the commission, chaired by Heydar Aliyev, the head of state declared the parameters of the constitution. The head of state noted “… We should adopt such a constitution, which will be the main law, the historical document assuring the existence of the independent Republic of Azerbaijan on the basis of democratic principles for a long time. This is why our duty is honorable and at the same time very difficult… Our constitution should provide a basis to build a democratic, legal, secular, civil state in Azerbaijan, be the main law.”

Taking care of the coming generations, Heydar Aliyev left to his people such a constitution considered for long years. The constitution of the Republic of Azerbaijan, adopted in 1995, laid the foundation of a state mechanism as a democratic, secular, legal and unitary republic. As national leader Heydar Aliyev said: “The major sense of this constitution is that it ensures the absolute independence of the Republic of Azerbaijan, territorial integrity of our country, inviolability of rights of the Azerbaijani people, inviolability of every citizen’s rights and indivisibility of the Azerbaijani people, of our republic, that the power cannot be appropriated by any force.”

Identifying the legal bases to the existence of a state as a sovereign institution, the constitution stimulated Azerbaijan’s legal and political development, intensified the socioeconomic reforms implemented in the country.

Q: What can you say of amendments and supplements made to the Constitution in 2002 and 2009?

A: First additions and amendments to the Constitution of the Republic of Azerbaijan were made on August 24, 2002 and latest on March 18, 2009 through a nationwide referendum.

According to amendments and additions to the Constitution made in referendum of August 24, 2002 the joint application of   majority and proportional election system was liquidated and general majority election system has been defined.

The amendments and supplements made to the Constitution covered all challenges of the time. It highlighted Azerbaijan`s integration into the international community, its membership of a number of international organizations, particularly the Council of Europe, the acts adopted within the framework of the Council of Europe, endorsement of the European Convention on Human Rights, the country`s commitments to the Convention. It also recognized citizens` rights to directly appeal to the Constitutional Court. The amendments changes the content of the human rights, improved the electoral system, and made certain amendments to the system of making amendments and supplements to the Constitution.

The amendments made to the Constitution on March 18, 2009 improved many of its provisions. It strengthened a legal framework for the protection of human rights and freedoms.