Constitutional Court of the Republic of Azerbaijan  

 

 

The Constitutional Court of Azerbaijan is the chief constitutional juridical body on matters under the authority allocated to it by the Constitution of Republic of Azerbaijan. The Constitutional Court does not depend on other legislative, executive and other juridical, municipal organs, the individuals and the legal enterprises for its organisational, financial and other peculiarities. The purposes of the Constitutional Court are to provide the supremacy of the Constitution of the Republic of Azerbaijan and to protect the rights and the freedoms of everyone.

The legal basis of the activity of the Constitutional Court are the Constitution of the Republic of Azerbaijan adopted on 12th of November 1995(with amendments and alternations after the referendum in 24th August, 2002), the International Contracts supported by Azerbaijan, the Law of the Republic of Azerbaijan "About the Constitutional Court" from December 23, 2003, other laws and the Internal Statute of the court.

The articles 86, 88, 102, 103, 104, 107, 130, 153 and 154 of the Constitution suppose the principles of formation and activity of the Constitutional Court. The activity of the Constitutional Court is based on the principles of the supremacy, independence, collegiality and evidence of the Constitution of the Republic of Azerbaijan.

The Constitutional Court of the Republic of Azerbaijan is composed of 9 judges appointed by Milli Mejlis of the Republic of Azerbaijan on the presentation of the President of the Republic of Azerbaijan. The Constitutional Court is considered authorised with the participation of 7 judges. The judges are appointed for 15-year period and after the expiration of the mentioned period they have no right to be elected to the same position for the second time. According to part 1 of the article # 127 of the Constitution of the Republic of Azerbaijan the judges of the Constitutional Court are free in implementation of their responsibilities. The freedom of their activity is limited only on by the Constitution and the law of the Republic of Azerbaijan.

According to Article 130 (III) of the Constitution of the Republic of Azerbaijan, The Constitutional Court of the Republic of Azerbaijan, shall have jurisdiction over the following:

1. Based on a request submitted by authorized bodies shall resolve the conformity of laws and other normative acts with the Constitution of the Republic;
2. Based on a request submitted by authorized bodies shall resolve the compatibility of laws and rules and regulations with the rules of higher hierarchy;
3. Interpret the Constitution and laws of the Republic of Azerbaijan on the basis of requests submitted by the authorized bodies;
4. Impeachment;
5. Disputes regarding the division of competences between the legislature, the executive and the judiciary;
6. Review and confirmation of the results of elections of President and Parliament of the Republic of Azerbaijan;
7. Constitutional complaint as prescribed by Law;
8. Other powers as provided for in the Constitution.

[Original Source] : http://supremecourt.gov.az/