November 12 – Constitution Day.

After Azerbaijan got its independence appeared necessary to work out a new Constitution. A commission headed by Heydar Aliyev was established with this purpose. The project of the Constitution was presented to the referendum. The first Constitution of independent Azerbaijan was adopted with the referendum on the 12th of November, 1995.

The Constitution of the Republic of Azerbaijan adopted in 1995 was the first Constitution of independent Azerbaijan and the fifth overall in the history of our country. The Azerbaijan Democratic Republic existed for 23 months during 1918-1920 did not have the main Law of the state. The history of the Constitution of the Azerbaijan Republic mainly dates from the period when Azerbaijan was the Soviet Republic. The first Constitution of Azerbaijan was adopted on the 19th of May, 1921 at the All-Azerbaijan Soviets Congress. A new variant of the Constitution of Azerbaijan SSR fitted to the Constitution of the USSR of 1921, adopted at the 4th All-Azerbaijan Soviets Congress on the 14th of March, 1925. The final Constitution of Azerbaijan SSR adopted on the 21st of April 1978, was fitted to the Constitution of the USSR like the previous. This document differed significantly from the previous ones in terms of defence of national interests. It was at the insistence of the national leader Heydar Aliyev that the 1978 Constitution reflected the official status of the Azerbaijani language as the state language.

The Constitution was prepared by the commission formed in May 1995, chaired by the President of the Republic of Azerbaijan, Heydar Aliyev, and tasked with preparing the draft new Constitution of the Republic of Azerbaijan. Finally, on October 15, 1995, the draft Constitution was published for popular debate, and at a referendum (national vote) held on November 12, 1995, 91.9 per cent of the electorate voted in favour of the Constitution. The Constitution of the independent Republic of Azerbaijan entered into force on November 27, 1995.

Adoption of the Constitution was not only one of the most important events in the history of our independence, but also a great merit of national leader Heydar Aliyev to the statehood of Azerbaijan. This Constitution was a perfect and progressive document regulating the process of building an independent state, creating a guarantee of democratic development, encompassing fundamental changes in political, social, cultural, economic public spheres, playing the role of a legal base in improving legislation.

Unlike the former Soviet constitutions, the Constitution of independent Azerbaijan declared ensuring human and civil rights as the supreme goal of the state. The basic principles of power sharing were defined. The protection of human rights and freedoms was assigned to the legislative, executive and judicial bodies as the primary task. It is no coincidence that the inviolability of the individual, preservation of the life and health of citizens, ensuring a decent standard of living, and the principles of humanism and humanity constitute the main essence of the Azerbaijani Constitution. The Constitution, consisting of five sections, 12 chapters and 158 articles, devotes a broad place to human rights and freedoms, which is evidence of its adherence to the democratic ideals of our country.

The Constitution of the independent Republic of Azerbaijan created a legal basis for the process of building a democratic, law-based, secular state in our country and gave a powerful impetus to its development. On the day of adoption of the Constitution, 12 November, democratic elections were held for the first time in the parliament of the Republic on the basis of a multi-party system. Taking into account the exceptional importance of the first Constitution in the history of national statehood, according to the Decree of national leader Heydar Aliyev dated 1 November 1996, 12 November is celebrated annually as Constitution Day.

When the Constitution of the Republic of Azerbaijan was adopted, reference was made to modern trends in legal State-building, establish a new institution in our country’s legal system – the constitutional justice body, and the place and role of that institution in the system of State power were outlined. In accordance with this provision, the Constitutional Court Act was adopted on 21 October 1997. On 14 July 1998, seven judges of the Constitutional Court were appointed by a Milli Majlis decision. And on 18 July, the great leader Heydar Aliyev signed a decree on ensuring the independence of the Constitutional Court and the legal status of its judges. Thus, the Constitutional Court officially started its activity. This structure of nine judges, checking the conformity of laws to the Constitution, interpreting laws, approving the results of presidential and parliamentary elections, and even taking relevant decisions at the direct request of citizens, protects the supremacy of the Constitution as a whole.

As a result of the rapid development of our country, several significant amendments and additions were made to the Constitution of Azerbaijan due to the requirements of the new era. On 24 August 2002, 29 additions and amendments were made to 24 articles of the Constitution by referendum, and on 18 March 2009, more than 30 amendments were made to 25 articles. These amendments are related to the further strengthening of the social and economic base of the Azerbaijani State, the provision of more reliable guarantees of the rights and freedoms of citizens, and the further expansion of opportunities for the consolidation of the principles of the social State.

A popular vote (referendum) held for the third time, on September 26, 2016, at the initiative of the Head of State, Ilham Aliyev, in order to supplement and amend the Basic Law of the Republic of Azerbaijan – the Constitution served to further strengthen the constitutional guarantees of human rights and freedoms in the country, improve the activities of democratic institutions and the system of governance as a whole. The 41 additions and amendments to 29 articles of the Constitution, covering various spheres, are aimed at improving the work of the supreme state power, the judiciary and municipalities, more effective protection of human rights and freedoms, and increasing the responsibility of the state and municipalities in protecting rights and freedoms. In particular, it is of great importance to establish the institution of the vice-presidency, which will improve the presidential form of government and serve to increase the functionality of State administration, as well as to eliminate age limits for elected officials and to improve mechanisms for the protection of the rights and freedoms of citizens.

It should be emphasized that the results of the referendum once again demonstrated that the absolute majority of the people of Azerbaijan support the policy of President Ilham Aliyev.

Thus, as a result of amendments and additions to the Constitution of the Republic of Azerbaijan, our Basic Law has been further improved and adapted to the requirements of new times.

We are proud that our people celebrate the anniversary of the adoption of the Basic Law with double joy as a victorious nation. The historic victory in the Patriotic War and restoration of territorial integrity of Azerbaijan under the leadership of the President, victorious Supreme Commander-in-Chief Ilham Aliyev allowed the implementation of our Constitution throughout the country. Due to this Victory, after almost 30 years, the principles and requirements of international law have been fulfilled and the legal force of the Constitution has been ensured in the liberated territories.

Recommended literature:

1. Heydər Əliyev və müstəqil Azərbaycanın ilk Konstitusiyası / tərt.: Q. Əliyeva, G. Hacızadə, red., ön sözün müəl. S. C. Həsənova. - Bakı : Azərbaycan nəşriyyatı, 2011. - 304 s.
2. Türkdilli ölkələrin konstitusiyaları / Türkdilli ölkələrin Parlament Assambleyası ; tərc., red. H. Babayev. - Ankara : n. y., 2012. - 260 s.
3. Seyidov, Ənvər Cümşüd oğlu. Azərbaycan Respublikası Konstitusiyasının və hüququnun əsasları : dərs vəsaiti / Ə. C. Seyidov ; baş red. İ. İ. İsmayılov ; red.: C. E. Hüseynov, Z. S. Nağıyev. - Bakı : UniPrint, 2014. - 705 s.
4. Əsgərov, Ziyafət Abbas oğlu. Hüquqi dövlət və konstitusiya : monoqrafiya / Z. A. Əsgərov ; elmi red. F. S. Abdullayev. - Bakı : Azərbaycan nəşriyyatı, 2019. - 280 s.
5. Атакишиев, Бахтияр Сархад оглы. Конституция Азербайджанской Республики и основы права / Б. С. Атакишиев. - Баку : Абилов, Зейналов и сыновья, 2006. - 194 с.