Constitution of Azerbaijan

Azerbaijan
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Azerbaijan
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The Constitution of Azerbaijan (Azerbaijani: Azərbaycan konstitusiyası) was adopted on 12 November 1995 by popular referendum. 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]

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]

Chapter 1, General Provisions

Section 1, People's Power

Section 1 establishes the source of state power being the Azerbaijani people and their unity, and states that most political issues are to be solved by referendum and representatives are to be elected. It also bans the usurpation of power.[1]

Section 2, Fundamentals of the State

Section 2 establishes the basic principles, aims and role of the state of Azerbaijan, as well as state symbols, principles of foreign relations and the official language.[1]

Chapter 2, Major Freedoms, Rights and Responsibilities

Section 3, Principal Human and Civil Rights and Freedoms

Section 3 establishes the major rights and freedoms of citizens of Azerbaijan, including human rights, property rights and intellectual property rights, civil rights, the rights of the accused, the right to strike, social security, the right to vote and freedom of speech, conscience and thought.[1]

Section 4, Principal Obligations of Citizens

Section 4 obliges citizens to obey laws, pay taxes, observe loyalty to and respect for the state of Azerbaijan and its symbols and states that it is the "duty of every Person" to participate in national defense, protection of national and historical monuments and protection of the environment.[1] According to the Opinion of the Venice Commission, the latest modifications to the Constitution made in September 2016 Referendum are evaluated as positive steps in the direction of strengthening of constitutional protection of human rights. Introduction of the concept of “human dignity”, the right to “conscientious treatment excluding arbitrariness”, constitutionalisation of the principle of proportionality in human rights protection has been welcomed by the Commission. [3]

Chapter 3, State Power

Section 5, Legislative Power

Section 5 establishes the National Assembly of Azerbaijan (Milli Majlis), its powers and its capacities.[1]

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.[4]

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 autonomous government of the Nakhichivan region and its legislature (Ali Majlis).[1]

Chapter 4, Local Self-Government

Section 9, Municipalities

Section 9 establishes the basic structure of municipalities in Azerbaijan.[1]

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, referenda, 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]

See also

References

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