BAKU, Azerbaijan, November 12. The Constitution
is the legal foundation of Azerbaijan’s independent statehood path,
political analyst Azer Garayev told Trend.
He said that November 12 holds a special place in the history of
Azerbaijan’s modern statehood.
According to him, this date symbolizes a significant milestone
in the country’s history, a period following the attainment of
independence during which it defined its political and legal system
based on the national will. The Constitution, adopted in 1995,
became a fundamental document that established the future
development trajectory of Azerbaijan, the organization of state
power, and the principles governing the relationship between
society and the state.
“The restoration of independence provided Azerbaijan with the
opportunity to shape its own model of statehood. However, a mere
political decision regarding independence wasn’t sufficient for
this purpose. There was a need for a unified legal system that
would regulate the functioning of the new state, define the powers
of state institutions, and protect the rights and freedoms of
citizens. The necessity of drafting a Constitution stemmed
precisely from this historical requirement.
The first Constitution of the Republic of Azerbaijan was adopted
in a nationwide referendum held on November 12, 1995. The document
entered into force on November 27 of the same year. A commission
led by National Leader Heydar Aliyev was tasked with drafting the
Constitution. Thus, the foundations of the new legal system of
independent Azerbaijan were affirmed by the will of the people,” he
recalled.
Garayev pointed out that the historical significance of this
event can also be understood when compared to Azerbaijan’s previous
constitutional experience.
“During its brief existence from 1918 to 1920, the Azerbaijan
Democratic Republic was unable to adopt a separate Constitution. In
the Soviet era, the republic’s fundamental laws were drafted in
alignment with the political and legal structure of the union
state. The 1995 Constitution was the first to consolidate the
principles of statehood for an independent Azerbaijan into a single
document.
A key feature of this Fundamental Law is its establishment of
the principle of the separation of state power into legislative,
executive, and judicial branches. This approach defines the legal
framework for the exercise of authority within state governance,
regulating the operational scope of each branch and the
relationships between them. The Constitution also explicitly
enshrines the principle that the people are the sole source of
state power, and that they exercise their sovereign rights through
referendums and elections.
Thus, in addition to defining the operational procedures for
state institutions, the Constitution provides a legal guarantee
that state power is rooted in the will of the people. This
principle plays a vital role in the formation of the governance
system of an independent state,” he noted.
The analyst emphasized that another significant aspect of the
Constitution is the legal guarantee of human and civil rights.
“The fact that a separate section of the document is dedicated
to fundamental rights and freedoms demonstrates the importance of
this issue within state-citizen relations. The enshrinement, at the
constitutional level, of rights such as life, liberty, personal
inviolability, property, education, labor, and social security,
among others, forms the basis for the legal protection of every
citizen. In this context, the state’s duty is not merely to
recognize these rights, but also to provide the appropriate
mechanisms for their realization.
The Constitution also defines Azerbaijan’s territorial structure
and the various levels of state governance. The constitutional
status of the Nakhchivan Autonomous Republic, the operating
principles of local self-governance bodies, and the foundations of
the legislative system are all reflected in this document.
Comprising five sections, 12 chapters, and 158 articles, the
Fundamental Law provides a comprehensive picture of the country’s
political and legal system,” Garayev explained.
According to him, changes that have occurred in Azerbaijan’s
socio-political and economic life over time have necessitated the
refinement of the Constitution.
“Amendments and additions have been made to the Fundamental Law
through referendums held in 2002, 2009, and 2016. This process has
been significant in terms of addressing new requirements in state
governance, updating the operations of political institutions, and
improving legal mechanisms. Furthermore, the fact that changes to
the Constitution are enacted via referendum ensures that the will
of the people remains central to any modifications of its core
provisions.
In the period following the adoption of the Constitution, work
has continued across various aspects of building a state governed
by the rule of law. The refinement of the legislative framework,
the development of the judicial system, and the implementation of
new governance mechanisms have served to strengthen the legal
foundations of the independent state. At the same time,
Azerbaijan’s membership in international organizations and its
integration into the system of international treaties have brought
to the fore the need to align national legislation with modern
legal standards,” the analyst mentioned.
Garayev remarked that another significant aspect defining the
importance of the Constitution in the history of Azerbaijan’s
modern statehood concerns the country’s territorial integrity and
sovereignty.
“For many years, due to the occupation by Armenia, it hadn’t
been possible to exercise Azerbaijan’s constitutional rights across
the entire territory of the country. Following the victory achieved
in the Patriotic War in 2020 and the local anti-terror measures
carried out in September 2023, the country’s territorial integrity
and sovereignty were fully restored. This marked the beginning of a
new phase aimed at ensuring the legal force of the Constitution of
Azerbaijan throughout the entire country.
This change also defined new tasks for state-building.
Establishing a governance system in the territories liberated from
occupation, applying legal norms, developing infrastructure, and
ensuring the return of the population to their native lands are key
aspects of forming a unified constitutional space. Thus, the
restoration of territorial integrity has also created new
opportunities to strengthen state sovereignty on both legal and
institutional levels.
It is within this context that President Ilham Aliyev’s
declaration of 2025 as the Year of the Constitution and Sovereignty
holds particular significance. This decision was linked to the 30th
anniversary of the Constitution and the fifth anniversary of the
historic victory in the Patriotic War. Events, scientific
discussions, and legal awareness initiatives organized throughout
the year highlighted the interconnection between these two
significant aspects of the history of statehood,” he noted.
The analyst stressed that today, on November 12, 2026, as
Constitution Day is marked, it’s important to reflect on the
experience gained over the 31 years since 1995.
“During this period, Azerbaijan has shaped its political
institutions as an independent state, traversed a path of economic
and social development, and expanded its position within the system
of international relations. Throughout these processes, the
Constitution has remained the fundamental document defining the
legal framework for the state’s activities.
The significance of Constitution Day extends beyond merely
commemorating the anniversary of a historical event. This date
serves as a reminder to every citizen of the legal foundations upon
which their rights are protected, the principles that underpin the
state’s operations, and the vital importance of respecting the law
for the development of society. The strength of a state governed by
the rule of law depends on the application of legal norms in daily
life, the assurance of legality within the operations of state
institutions, and the legal responsibility of its citizens.
November 12 is a landmark date that recalls the legal
foundations of Azerbaijan’s path toward independent statehood,
reflecting the sovereign will of the people and the responsibility
for statehood owed to future generations. The Constitution adopted
in 1995, while laying the foundation for the country’s political
and legal development, has also become an integral part of the
history of statehood of modern Azerbaijan,” he added.
