Constitution of the Republic of Azerbaijan
The Constitution of Azerbaijan ( Azerbaijani : Azərbaycan konstitusiyası ) is the “highest legal force” of the Republic of Azerbaijan .
It was adopted after a referendum on November 12, 1995 and came into force on November 23, 1995 . It defines Azerbaijan as a republic with a presidential system and has a comprehensive catalog of human rights .
The constitution is an integral part of Azerbaijan's politics . It defines Azerbaijan as a democratic republic and contains chapters on the fundamental rights of Azerbaijani citizens and the principle of the separation of powers as a principle for building a state. It represents a model of Azerbaijani law.
As an Autonomous Republic, the Nakhichevan exclave has its own constitution.
features
In terms of form and content, the document represents the written constitution of a democratic , secular state with a unitary form of government, in which the Azerbaijani Republic is committed to the principle of the separation of powers as a principle for the structure of the state, whose state power consists of legislature , executive and judiciary .
The constitution enjoys ultimate legal force and may only be adopted or changed by means of a referendum . No legal regulation may contradict it. With the entry into force of its amendments and additions, all previously applicable legal provisions must be brought into conformity with the content of the constitution and any legal provisions that conflict with it must be repealed.
The President of the Azerbaijan Republic as head of state is considered to be the guarantor of the constitution. The duty to uphold and comply with the constitution is part of his constitutional oath.
Structure and content
The constitution consists of the preamble and 156 articles, which are divided into 5 sections and 12 chapters.
Due to its role as a model, the constitution occupies a special place among the country's legal sources.
Article 7 of the constitution reveals that state power consists of the legislature, the executive and the judiciary. These are, according to the constitutional rules, interactive and independent within the scope of their powers.
Constitutional Court
A constitutional court was set up on July 4, 1998 for the preservation of the constitution and for constitutional complaints, which offers the possibility of individual action. It consists of nine judges.
Sources of constitutional law also include laws and legal acts of the President, Parliament and the Government of Azerbaijan.
Referendum 2009
On March 18, 2009, a referendum on proposed constitutional amendments was adopted. It stipulates that the term of office of the president should no longer be limited to two terms and that in times of (unspecified) "military operations" it can be extended to the end of the latter.
The Foreign Office describes what happened : In the run-up to the referendum, there were arrests of opposition activists who wanted to collect signatures to limit the presidential term of office, as well as intimidation measures against citizens who had signed such documents. Opposition and observers expressed doubts about the official turnout of 71 percent.
Individual evidence
- ↑ University of Würzburg: Azerbaijan Project, Constitutional Law ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Fundamental and Freedom Rights in Azerbaijan
- ↑ Foreign Office, Azerbaijan Domestic Policy
literature
- Brigitte Kofler: Azerbaijan. Constitutional foundations. Pp. 97-102. In: Gabriele Kucsko-Stadlmayer : European Ombudsman Institutions. A comparative law study on the diverse implementation of an idea. Springer Vienna. ISBN 978-3-211-72840-6