Constitution of Azerbaijan
Encyclopedia
The Constitution of Azerbaijan was adopted on 12 November 1995 by popular referendum
Popular referendum
A popular referendum is a type of a referendum that provides a means by which a petition signed by a certain minimum number of registered voters can force a...

 and amended on 24 August 2002. It carries the "highest legal force" in Azerbaijan
Azerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...

 as per article 147.

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:
  • protection of national sovereignty
    National sovereignty
    National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...

     and territorial integrity
    Territorial integrity
    Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...

  • a constitutional democracy
  • establish a civil society
    Civil society
    Civil society is composed of the totality of many voluntary social relationships, civic and social organizations, and institutions that form the basis of a functioning society, as distinct from the force-backed structures of a state , the commercial institutions of the market, and private criminal...

  • a secular state based upon the rule of law
    Rule of law
    The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...

  • a "worthy life level" for citizens and "just" economic and social order
  • observance of "universal human values", peace
    Peace
    Peace is a state of harmony characterized by the lack of violent conflict. Commonly understood as the absence of hostility, peace also suggests the existence of healthy or newly healed interpersonal or international relationships, prosperity in matters of social or economic welfare, the...

     and international cooperation
    Internationalism (politics)
    Internationalism is a political movement which advocates a greater economic and political cooperation among nations for the theoretical benefit of all...


Section 1, People's Power

Section 1 establishes the source of state power being the Azerbaijani people
Azerbaijani people
The Azerbaijanis are a Turkic-speaking people living mainly in northwestern Iran and the Republic of Azerbaijan, as well as in the neighbourhood states, Georgia, Russia and formerly Armenia. Commonly referred to as Azeris or Azerbaijani Turks , they also live in a wider area from the Caucasus to...

 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.

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
Foreign relations of Azerbaijan
Azerbaijan is a member of the United Nations, the Organization for Security and Cooperation in Europe, NATO's Partnership for Peace, Euro-Atlantic Partnership; World Health Organization, the European Bank for Reconstruction and Development; the Council of Europe, CFE Treaty, the Community of...

 and the official language.

Section 3, Principal Human and Civil Rights and Freedoms

Section 3 establishes the major rights and freedoms of citizens of Azerbaijan, including human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

, property rights and intellectual property rights, civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

, the rights of the accused
Rights of the accused
The rights of the accused is a "class" of civil and political rights that apply to a person accused of a crime, from when he or she is arrested and charged to when he or she is either convicted or acquitted...

, the right to strike, social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...

, the right to vote and freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

, conscience
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...

 and thought
Freedom of thought
Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints....

.

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
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....

.

Section 5, Legislative Power

Section 5 establishes the National Assembly of Azerbaijan
National Assembly of Azerbaijan
The National Assembly , also transliterated as Milli Majlis is the legislative branch of government in Azerbaijan. The unicameral National Assembly has 125 deputies: previously 100 members were elected for five-year terms in single-seat constituencies and 25 were members elected by proportional...

 (Milli Majlis), its powers and its capacities.

Section 6, Executive Power

Section 6 establishes the post of President of Azerbaijan
President of Azerbaijan
The country of Azerbaijan is a presidential republic, with the President of Azerbaijan as the head of state, and the Prime Minister of Azerbaijan as head of government...

 and the President's requirements, duties, capacities and powers, as well as those of his Cabinet.

Since 2008 an amendment has abolished any term limit for the office of President.

Section 7, Judicial Power

Section 7 establishes the Azerbaijani judicial system and Constitutional and Supreme Courts.

Section 8, Nakhichivan Autonomous Republic

Section 8 establishes the autonomous government of the Nakhichivan region and its legislature (Ali Majlis).

Section 9, Municipalities

Section 9 establishes the basic structure of municipalities in Azerbaijan.

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.

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.

Section 12, Additions to the Constitution of the Republic of Azerbaijan

Section 12 establishes the process of adding provisions to the Constitution through referendum.

See also

  • Constitution
    Constitution
    A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

  • Constitutional law
    Constitutional law
    Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

  • Constitutional economics
    Constitutional economics
    Constitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...

  • Constitutionalism
    Constitutionalism
    Constitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....


External link

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