Azerbaijan marks Constitution Day

November 12 is the Azerbaijani Constitution Day. The country's constitution was adopted on November 12, 1995, through referendum. Subsequently, on August 24, 2002, in the course of nationwide voting, it was amended. One of the main amendments was vesting the prime minister with the powers to act as President till new election in case the incumbent President is unable to function. Earlier, such powers were picked up by the speaker of the parliament.

Alimamed Nuriev, head of the Foundation for Constitutional Studies, told in his conversation with the "Caucasian Knot" correspondent that, unfortunately, sometimes in practice the direct legal force of constitutional provisions fails to act. For example, the Constitution of Azerbaijan provides for alternative army service. However, in practice no alternative service exists, and the respective agencies assert that this constitutional provision will be realized only after adoption of special legislation of alternative army service.

In Mr Nuriev's opinion, with economic development of Azerbaijan and strengthening of political institutions a need evolves to redistribute responsibilities among the branches of power. He thinks that Cabinet's reporting to the Parliament should be a must.

In the opinion of another expert, Rashid Gadzhily, Director of the Institute of Media's Rights, the Azerbaijani society is still unable, by virtue of these or those reasons, to enforce many of the constitutional rights and freedoms. For example, until now, because of suffrage restrictions, the society cannot form democracy-based power bodies and independent judicial power, which should defend citizens' rights and freedoms, etc.

Mr Gadzhily also finds necessary to go on with constitutional reforms towards curbing the executive power in favour of the legislative one, ensure normal political competition inside the parliament and improve the independence of the judiciary.

In the opinion of Arzu Abdullaeva, leader of the Azerbaijani National Committee of the Helsinki Civil Assembly, the Constitution of Azerbaijan is observed "to the minimum degree." She thinks that the authorities are just imitating the observance of democratic norms and citizens' rights and freedoms.

Ali Kerimli, leader of the Party of the People's Front of Azerbaijan (PPFA), believes that the Constitution in itself is more or less ideal document, but it is practically not observed.