December 14, 2017
A SYMBOL OF POLITICAL AND LEGAL INTELLECTION OF OUR PEOPLE
Our Constitution serves as a solid legal foundation for the establishment of a democratic state and a strong civil society, the establishment of free market relations and creation of an economy based on the predominance of private property. It also provides a base for ensuring the peaceful and prosperous life of our people, as well as, raising the prestige of Uzbekistan on the international arena.
The Constitution of Uzbekistan reflects the great goals and objectives of our country, its model of development, the internationally accepted principles of human rights, the rule of law and democracy.
When it comes to the peculiarities of our Constitution, it must be noted that the Basic Law is aimed at building a humane democratic state where human, his life, freedom, honor, dignity and other inalienable rights are the highest values. It should be emphasized that the Constitution of Uzbekistan ensures such constitutional law treasures of the world as equality, justice, ideology and diversity opinions, the division of powers, no deprivation of the rights and freedoms of citizens without court decision, and the presumption of innocence.
Another important feature recognized by international experts is the fact that the Constitution starts with the words "the people of Uzbekistan." One does not see such phrases in any other document. And this is a clear sign of the people's power. Our Basic Law also underlines the sovereignty of people. In particular, the words "democracy" and "democratic" are used 7 times, "people" is used 24 times.
Such peculiarities of our Constitution are attracting the attention of the international experts. For instance, in the book by M. Steven Fish and Matthew Kroenig “The Handbook of National Legislatures: A Global Survey” published at Cambridge university 32 subjects of assessing the parliamentary authority are developed. Under this methodology, the parliamentary authorities provided in the constitutions of 190 countries of the world are analyzed. According to the book, the authority of Oliy Majlis of the Republic of Uzbekistan is given the index of 0.33, which is equal to that of the parliaments of Norway, Switzerland, Hungary and Slovak Republic. This indicator exceeded the indices of authority of the parliaments of The Netherlands and Germany - 0.29, France, Italy and Greece – 0.24.
In the book titled “The Endurance of National Constitutions” by Zachary Elkins, Tom Ginsburg and James Melton because of the analysis of the world constitutions the work of the authors produced 70 major topics based on the study of constitutions and other documents of constitutional importance of 190 countries of the world. As a result, our Basic Law, along with the ones of Belgium and Croatia, was given the assessment score of 0.59, whereas the constitution of the United States and the documents of constitutional importance of the United Kingdom were scored 0.49 and 0.43, respectively.
Another feature of our constitution is its compactness. If we refer to the analysis of the number of words used in the constitutions of the world, our country's constitution occupies the 29th place among 190 countries. It is reported that Monaco, Iceland, Latvia and Japan are the countries with constitutions or constitutional documents, which contain the smallest number of words. The largest number of words is used the constitutions of India, Brazil and Malaysia.
According to the researchers, if on the one hand, the coverage of many issues in the constitution makes it difficult for the readers to comprehend it, on the other hand, the inclusion of less important issues that are subject of ordinary laws reduces its significance. Most importantly, the inclusion of too much information about the interaction of society and state into the document in some cases will hamper the carrying of socio-economic and socio-political reforms resulting in the frequent constitutional amendment.
It is also acknowledged that in our Basic Law the topics are placed in a convenient, easy-to-read order. The fact that the basic rights, freedoms and responsibilities of individuals and citizens are given in a separate chapter is especially highly appreciated by international experts. When researchers estimated that a total of 117 types of human rights were reflected in world constitutions and analyzed how many of them were included in constitutions of 190 countries, it turned out that the French constitution had only 13 types of rights, the US constitution - 35, UK’s documents of constitutional importance - 44, in Germany and Japan the number is 48. In the Republic of Uzbekistan the figure is much higher - 55. There is no single country in the world to have a constitution that covers all 117 types of human rights.
The sustainability of our constitution is another important aspect. In the past 25 years its priority principles, the fundamental rights, freedoms and liabilities of citizens, social and personal relations, administrative-territorial and norms related to state structure have remained unchanged. Ten amendments and additions were made to it and almost all of them are related to the establishment of state power. These amendments include strengthening of the constitutional principle of people’s power, increasing the direct and indirect influence of citizens in the formation and functioning of the state, enhancing the role of the parliament in the formation of the domestic and foreign policy of the state, and strengthening of the right to a fair trial.
The abovementioned itself demonstrates that our Basic Law embodies the major points of the world constitutionalism. It should be noted that the study of the potential of the Constitution of the Republic of Uzbekistan puts great tasks before the Uzbek lawyers.
Many studies have been carried out in the legal field during the years of independence, but the ones that are dedicated to our Basic Law can be counted with fingers. Our people are awaiting for research from lawmakers and legal scholars that can explain the scientific essence of deeply thought out concepts in our constitution such as: “the creation of a humane democratic and legal state”, “power of the people”, “division of powers”, “democracy”, “democratic republic”, “social justice”, “the state represents the will of the people and serves its interests, the responsibility of state bodies and public officials before the society and the citizens”, “human, his life, freedom, honor, dignity and other inalienable rights are the highest value”, “the state exercises its activity on the principles of social justice and legitimacy with the aim improving human and social welfare”, “air working conditions”. At the same time, it is also an imperative of our time to develop scientifically based criteria, indicators and effective legal tools for the implementation of these guidelines in our lives and to examine the effectiveness of their application in our legal system and law enforcement practice.