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Farhad Abdullayev: The Constitutional Court contributed to the rational use of human rights and freedoms, democracy and the legal culture by its decisions

Politics Materials 14 July 2011 09:00
The experience of the last year shows that the number of requests received by the Constitutional Court (CC) related to the verification of compliance regulations of the Constitution, has increased significantly. This was stated in an interview with Trend on the occasion of 13th anniversary of the CC Head of the Court Farhad Abdullayev.
Farhad Abdullayev: The Constitutional Court contributed to the rational use of human rights and freedoms, democracy and the legal culture by its decisions

Azerbaijan, Baku, 14 June / corr. Trend K. Zarbaliyeva /

The experience of the last year shows that the number of requests received by the Constitutional Court (CC) related to the verification of compliance regulations of the Constitution, has increased significantly. This was stated in an interview with Trend on the occasion of 13th anniversary of the CC Head of the Court Farhad Abdullayev.

Abdullayev said that the main function of the CC, which follows from the definition is to check compliance with laws and regulations to the Basic Law, as reflected in article 130 of the Constitution.

"With the help of these functions the rule of law and Constitution are ensured. Norms under consideration don't check for appropriateness and for compliance with the letter and spirit of the Constitution, evaluated in terms of compliance with its principles. 28 out of 200 decisions taken by the CC concerning compliance with the laws of some articles of the Constitution of Azerbaijan. The experience of the last year shows that the number of requests received by the CC related to the verification of compliance regulations of the Constitution, has increased significantly. This suggests that the increased need in the Constitutional Court and legal assessments, formed in these solutions,"- Abdullayev said.

According to him, just constitutional opinions presented by the Constitutional Court shall be considered as a new direction of the judiciary in our country.

Abdullayev said that the objectives of the CC, the primary jurisdiction is to ensure control over the Constitution, and to ensure the supremacy of the Constitution and the fundamental rights and freedoms of everyone.

"That's why true constitutional judgments are accepted as a major mechanism dekmokratizatsii judiciary, protection of human rights and the rule of law," the chairman of CC added.

Abdullayev said that as a result of additions and changes to the text of the Constitution, adopted on 24 August 2003 as a result of the referendum, has expanded the range of subjects, with the right to appeal to the Constitutional Court. Ombudsman, the courts and citizens have the right to appeal to the Constitutional Court. He called a welcome fact of increasing the number of requests to the CC using their rights.

"As proof, I can say that 77 out of 200, ie 38.7% of the decisions taken by the Constitutional Court, based on personal grievances," - said Abdullayev.

Recalling that the Constitution and laws of commentary is also one of the main responsibilities of the CC, Abdullayev said that this power is aimed at clarifying the nature and meaning of the constitutional and uniform application of laws based on that value.

"The official commentary to the law of the CC eliminates its misinterpretation in future.Important moment, which is always our attention - Constitutional Court acting for the benefit of ensuring the supremacy of the Constitution, without interfering with the powers of legislators," - said the chairman of the court.

Abdullayev said that the decision, commenting on the Constitution and laws, form a separate part of the weighty decision by the CC. Thus, 68 out of 200 decisions are devoted to individual comments to the laws, and 2 - to the articles of the Constitution.

"The bulk of complaints received by the CC on the comments to the Constitution and the laws, applies to the courts of general jurisdiction. The decisions we have take from them, help for correct understanding of the regulations," - said Abdullayev.

He said that over the past 13 years, the Constitutional Court was actively involved in building the rule of law, made a valuable contribution to the development of democracy, the legal culture and constitutional ideas, protection of human rights and freedoms and the rule of the Constitution.

The Constitution of the Republic of Azerbaijan, adopted on 12 November 1995 in a referendum, under the leadership of Heydar Aliyev, has identified key priorities for future development of the country, gave rise to serious reforms in political, legal and socio-economic areas.

Decision of the Milli Majlis on 14 July 1998 and Decree of President Heydar Aliyev on 18 July, adopted to ensure the legal status of judges and the independence of the Constitutional Court, this court began its work.

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