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Chairman of Constitutional Court of Azerbaijan does not Exclude Referendum on Term of Presidential Authority

Society Materials 13 November 2008 10:50 (UTC +04:00)
Chairman of Constitutional Court of Azerbaijan does not Exclude Referendum on Term of Presidential Authority

Azerbaijan, Baku, 13 November / Trend , corr. К.Zarbaliyeva / The Chairman of the Constitutional Court of Azerbaijan does not exclude holding a referendum on changing the Constitutional article on the term of presidential authority.

"A democratic society forms in Azerbaijan and expressing various opinions, initiatives, as well as opinions regarding activity principles of the state institutions is a component of freedom of expression and opinion, which is integral part of the civil society," Farhad Abdullayev, Chairman of the Constitutional Court, told in an exclusive interview with Trend on 13 November.

According to the item 5 of the article 101 of the Constitution of Azerbaijan, no one can be elected as the President more than two times. The term of presidential authority is five years.

Last week the President of Russia Dmitry Medvedev suggested the Federal Council to increase the term of presidential authority from 4 years to 6 years and term of the parliamentary authority from 4 years to 6 years. Several experts consider that there is a need to increase the term of presidential authority liquidate the ban on one person's election as President more than two times in Azerbaijan as well.

The ruling New Azerbaijan Party (NAP) suggests to hold a referendum to liquidate the Constitutional article banning one person's election as president more than two times.

"The Constitutional article banning one person's election as President more than two times does not correspond to the democratic principles and limits the democracy," MP Siyavush Novruzov, NAP deputy executive secretary, told Trend last week. The NAP official considers that the Constitution can not contain such a limit. "The Constitution allows to be elected as member of parliament for many times, but limits to be elected as President. We consider that it is impossible to introduce such a limitation in the Constitution. Therefore, it needs to make changes to the Constitution and we will make such an initiative," Novruzov said.

Abdullayev said that according to the provisions of the Constitution of Azerbaijan, the changes to the text of the Constitution can be made only through referendum. "If the changes are suggested by the parliament or president, Constitutional Court's review regarding the changes is prepared previously," the Chairman said.

Abdullayev considers that it needs to naturally and normally approach this issue.

Basing on these norms of the Constitution, Abdullayev avoided commenting on the opinions being expressed. The Chairman considers that with his subjective comment, he may limit the Court's position on this issue.

Abdullayev does not exclude adding article on proportional election system to the Constitution.

"Both changes are the requirement of the time and the Constitution, as a dynamic document, should reflect the new legal tendencies," Abdullayev said.

The Chairman considers that each proposal on changes to the Constitution should be based and such proposals require attentive and responsible approach.

NAP made a proposal re-establishing proportional election system. The referendum in 2002 liquidated the proportional election system. Currently majority election system is active in the parliamentary elections.

The correspondent can be contacted at: [email protected]

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