The previous week within the lifetime of our Uzbek parliament has
been full of serious occasions for long-term improvement and
strengthening of constitutional and authorized foundations, in addition to
large-scale and speedy democratic transformations within the nation to
construct New Uzbekistan and type the third Renaissance.
As a consequence, on May 16, separate conferences of the Oliy Majlis’s
(Parliament) two largest factions – UzLiDeP and National Revival
(Milliy Tiklanish) Democratic Party had been performed, adopted by a
joint assembly on May 17 devoted to the implementation of
constitutional reforms in our nation and submission of this challenge
to the Councils (Kengashes) of the Oliy Majlis.
The Councils of the Senate and the Legislative Chamber of the
Parliament held a gathering collectively on May 20. The Constitutional
Commission was established to develop proposals for constitutional
amendments and additions, in addition to to implement organisational
measures; its composition and duties had been established. This
Constitutional Commission was comprised of deputies, senators from
all areas, representatives from varied social strata, civil
society establishments, main legal professionals, political scientists, and
different consultants (46 individuals in complete).
What is the rationale for such a choice of our parliament? Why is
a constitutional reform wanted, what are its leitmotifs? How and on
the idea of what ideas will the fee’s actions be
organized? This is not at all a whole checklist of questions posed
on the Internet and social networks.
First of all, we must always recognise that our President Shavkat
Mirziyoyev is the primary ideological inspirer for constitutional
reform in Uzbekistan, and the final inhabitants is the primary
initiator.
Firstly, in the course of the presidential elections of
Uzbekistan in October 2021, on the conferences of all candidates with
representatives of the voters, an essential proposal was put
ahead, demanded by life itself and dictated by the logic of
democratic transformations in our nation. This is the
implementation of constitutional reform.
The first proposal to think about constitutional amendments and
additions was made by voters throughout a gathering with
UzLiDeP presidential candidate Shavkat Mirziyoyev
within the Karakalpakstan district of Bozatau. In
gentle of an ecological catastrophe not solely on a regional but additionally on
a world scale – the drying up of the Aral Sea – the relevance and
immense significance of reflecting environmental human rights within the
nation’s Basic Law, the rights of present and future generations
of the nation’s residents to a beneficial atmosphere, that are
not mirrored within the present Constitution are highlighted.
Consequently, in seven extra areas, in the course of the
conferences of Shavkat Mirziyoyev with voters of the areas,
initiatives had been put ahead to additional strengthen the
constitutional and authorized foundations for the safety of personal
property, together with land and subsoil, making certain human dignity, human
rights, freedoms and bonafide pursuits, interethnic and
interfaith concord within the nation, enhancing the position and standing of
a very powerful nationwide democratic establishment – the
mahalla, rigorously conveying conventional values to future
generations, the establishment of the household, growing state youth
and gender insurance policies, progressive economic system and information economic system,
increasing funding within the economic system and social sphere.
Most importantly, these questions had been raised by voters:
lecturers, enterprise homeowners, farmers, representatives of civil
society organisations, nationwide cultural centres, and unusual
residents. This, in flip, signifies, on the one hand, widespread
assist for the president’s coverage of democratic reforms,
applied throughout the framework of the New Uzbekistan
Development Strategy for 2022-2026, and, on the opposite
hand, voters’ curiosity of their effectiveness in additional deepening
and reaching the election program’s targets and aims.
Similarly, in the course of the assembly of candidates from:
• National Revival Democratic Party (“Milliy
Tiklanish”) – proposals had been put ahead to outline the
constitutional id of our nation, strengthen and shield
nationwide traditions and values;
• Justice Social Democratic Party (“Adolat”) –
strengthening the constitutional foundations of the independence of
the judiciary, the equity of legal guidelines and judicial choices, the
implementation of the ideas of the supremacy of the
Constitution and legal guidelines, human rights, the battle towards
corruption;
• People’s Democratic Party of Uzbekistan –
enlargement of constitutional and social safety of susceptible
segments of the inhabitants, particularly individuals with disabilities,
building of a socially-oriented state;
• Ecological Party of Uzbekistan – the
nation’s transition to a “green economy”, bettering the scenario
in environmentally unfavorable areas.
It is essential to notice that that is the voters’ determination, as
said throughout elections and conferences with presidential
candidates.
Second, based mostly on an in-depth research of voter
preferences, President of Uzbekistan Shavkat Mirziyoyev emphasised
the necessity for constitutional reform:
• throughout his inaugural deal with on November 6 final
12 months. The nation’s chief then tasked the scientific,
educational, and academic communities with analysing the nationwide
and worldwide expertise of constitutional improvement, and
requested deputies and senators to rigorously consider the matter,
examine it, and provide particular concepts;
• in congratulations on the event of the twenty ninth
anniversary of the adoption of the Constitution of the Republic of
Uzbekistan, the top of state outlined precedence areas for
constitutional reform based mostly on the desires of voters, the wants of
ongoing dynamic democratic reforms.
Furthermore, President Shavkat Mirziyoyev included an entire
part dedicated to the necessity for constitutional reform within the second
revised and expanded version of his first basic writer’s
monograph “New Uzbekistan Development Strategy” based mostly on a
generalisation of all of the proposals made in the course of the election
marketing campaign. The guide outlines Uzbekistan’s prime priorities for
constitutional reform.
Third, political events, primarily UzLiDeP and
National Revival Democratic Party (“Milliy Tiklanish”), performed a
thorough research of their voters’s opinions and needs concerning
the upcoming constitutional reforms.
Over 1.5 million members of those events and their
multi-million voters not solely supported, but additionally highlighted
the necessity to modernize the Constitution as a crucial situation for
reaching the targets of the New Uzbekistan Development Strategy,
making certain sustainable improvement, and establishing the authorized
foundations for much more accelerated and dynamic reform throughout all
socio-economic, political, authorized, cultural, and humanitarian
spheres.
Constitutional reforms: present world
tendencies
It must be famous that there are presently over 500 lively
constitutions on the “constitutional map of the world”, of which
roughly 200 are constitutions of unbiased states and extra
than 300 are topics of federations.
At the identical time, the Code of Laws of the Sumerian king Ur-Nammu
(The Code of Ur-Nammu) is taken into account the world’s oldest
written structure – the age of clay tablets exceeds 4 thousand
years.
Simultaneously, the Constitution will not be a dogma, however somewhat a
plan of motion for sustainable improvement. The risk to
amend or change a structure is a basic characteristic of all
constitutions. It is inconceivable to create a constitutional textual content
that may all the time serve society at varied levels of historic
improvement.
Thus, the final decade of the 20th century and the start
of the twenty-first century will probably be remembered as a interval of
rising to a brand new degree of constitutional reforms, profound
qualitative shifts within the constitutional worldview, and the
constitutional construction of the world neighborhood’s members. Over the
final 30 years, greater than 100 nations have efficiently
applied constitutional reforms, with 57 adopting new
constitutions.
Mexico, New Zealand, Brazil, Switzerland, Austria,
Israel, Chile, Colombia, Georgia, and India are the highest
ten nations when it comes to the frequency with which constitutional
modifications and amendments have been adopted.
Furthermore, the vast majority of constitutional reforms are
applied as a part of the modernization of society and the state,
or as a part of the prevention and neutralisation of the implications
of political, financial, and social crises.
There are virtually no authentic variations of constitutions left in
the world at present. Even the oldest within the present understanding of
the US structure, 27 basic modifications had been made, Norway –
over 200 occasions (with solely a few third of the Basic Law
remaining in its authentic type), and Holland – 24 occasions
(nonetheless, in 1983 its textual content was rigorously modernized, affecting
virtually all positions).
In trendy situations of globalization everywhere in the world there
is an intensive seek for their very own fashions of constitutional
improvement. At the identical time, the Constitution stays one of many
key components in making certain the political and social stability of the
state. The following are the constitutional ideas:
firstly, the enlargement of basic human
rights and freedoms (the Constitution of the
particular person);
secondly, securing the safety of collective
rights, the rights of society as an entire, that’s, the regulation
of civil society establishments, the implementation of social
partnership and public management (the Constitution of
society);
thirdly, the group of the system of
state authorities and administration; consultant democracy
mixed with types of direct democracy (elections, referendums,
standard dialogue); separation of powers, together with the precept
of checks and balances between the legislative and govt
branches, in addition to the independence of the judiciary;
duty and accountability of officers (State
Constitution).
Constitutional reform is a authorized requirement for each present
and future sustainable improvement. It will be an important device for
selling good governance by altering constitutional guidelines to
strengthen checks and balances between branches of presidency, as
effectively as larger accountability, transparency, participation, and
predictability. Changes geared toward bettering the standard and
effectivity of governance contribute to the political system’s
stability, which advantages the economic system by offering a secure
atmosphere for funding and improvement.
The research of constitutional modifications world wide reveals a
distinguishing characteristic: the necessity to adapt the state’s Basic Law to
the necessities of modernity and its skill to reply to
rising challenges.
The following are the primary tendencies in trendy constitutional
improvement:
• the complexity of constitutional reforms. They cowl the
political, financial, social, cultural and humanitarian spheres, as
effectively because the interconnections and interdependencies of
constitutional reforms and modernization processes;
• increasing and strengthening the sphere of constitutional
regulation, reforming the mechanism of public administration and
altering the type of authorities;
• the event of the constitutional area, the strengthening
of authorized sovereignty and the definition of the constitutional
id of the state;
• strengthening the judicial safety of human rights and
freedoms, increasing the powers of constitutional justice, granting
residents the best to direct entry to the Constitutional
Court;
• globalization of constitutional law-making, consolidation of
universally acknowledged ideas and norms of worldwide legislation in
the nationwide constitutions of the states of the world;
• ecologization of the constitutional improvement of the state
and society, implementation of the precept of accessibility of
high quality medical care;
• consolidation and improvement of digital rights,
institutionalization of the data society, authorized regulation
of cybersecurity.
Uzbekistan is within the strategy of reforming its
structure
Uzbekistan has a protracted historical past of implementing constitutional
reforms. In explicit, 32 amendments and additions to 21 articles
of the Constitution had been made 7 occasions as a part of the implementation
of the duties of the Action Strategy in 5 precedence areas of
improvement of the Republic of Uzbekistan in 2017-2021.
They involved, particularly, the actions of the parliament,
authorities and the President, strengthening the independence and
improvement of the judiciary, the system of checks and balances
between the branches of presidency, the democratization of the
electoral system and mahalla.
Particular emphasis was positioned on a basic change within the
constitutional construction, political, authorized, socioeconomic,
cultural, and religious spheres, constitutional provision of
basic interrelated and interdependent democratic political,
financial, social, and authorized reforms geared toward constructing a New
Uzbekistan, and the institution of a free and honest civil
society.
Simultaneously, the period of globalization, digitalization,
local weather change, and quickly altering life poses an rising
variety of pressing, extraordinarily essential, and pressing duties for the
nation’s additional modernization, strengthening peace, stability,
and nationwide independence.
Thereby, Uzbekistan’s constitutional improvement is constant
with the worldwide pattern of constitutional reform.
Priority instructions of constitutional
reforms
Tasks which might be much more essential are outlined in President
Shavkat Mirziyoyev’s basic guide, “New Uzbekistan Development
Strategy,” elevating democratic reforms to a essentially completely different
degree. It directs society’s authorized system, authorized information and
enforcement, and political and authorized tradition towards common human
values and sustainable improvement ideas. It is deliberate to
outline constitutional requirements and guidelines that may apply to the
New Uzbekistan.
First and foremost, that is about absolutely implementing the first
precept “in the sake of human honor and dignity”. Furthermore,
human dignity entails the supply of a peaceable and safe life,
residents’ basic rights and freedoms, the gradual creation of
first rate residing situations and trendy infrastructure, certified
medical care, high quality schooling, social safety, and a wholesome
ecological atmosphere for all nation residents.
The following areas of constitutional reform have been
recognized as priorities:
the primary is a change within the beforehand
working paradigm “state – society – person” to a brand new one: “particular person
– society – state”, fixing it in constitutional laws and
constitutional follow;
the second is the supply of human pursuits
within the strategy of financial reforms. This is a very powerful
situation for constructing a individuals’s state;
the third – constitutional consolidation of the
position and standing of civil society establishments, the precept
“Society is the initiator of reforms”;
the fourth – the definition of the
constitutional foundations for the event of
the establishment of the household, the cautious communication to
future generations of conventional human values, the strengthening
of interethnic concord within the nation;
the fifth – the reflection within the Constitution
of the state youth coverage, complete assist for youth – the
creators of New Uzbekistan, their rights, pursuits and
obligations;
the sixth – fixing as a constitutional norm the
precept “New Uzbekistan is a social state”, making an allowance for
the truth that at present Uzbekistan is confidently transferring alongside the trail
of constructing a social state and a simply society;
the seventh – rising the effectiveness of
the present system of human rights safety, stopping little one
labor, dependable safety of the rights of individuals with
disabilities, representatives of the older era;
the eighth – the inclusion of particular
environmental provisions within the Constitution, in addition to authorized
guidelines linked to international local weather change;
the ninth – consolidation on the constitutional
degree of the event of kindergartens, faculties, increased
schooling and science, that are interrelated elements of the
foundation of the third Renaissance.
The phrases of the excellent statesman and political determine
Winston Churchill, “To enhance is to vary; to be good
is to vary typically” have a deep essential significance for
our President. Indeed, with a view to have a Constitution that
fulfills the wants of the time, we should take measures and make
reforms which might be per the present rapidly altering
actuality.
Constitutional Commission: Main Tasks and
Principles
The Councils (Kengashes) of the Chambers of the Oliy Majlis
decided the next as the primary duties of the Constitutional
Commission:
• assortment, generalization, formation of proposals and
improvement of an applicable draft legislation “On amendments and
additions to the Constitution of the Republic of Uzbekistan”;
• requesting paperwork, professional and different opinions, statistical
knowledge and different data from state our bodies and different
organizations, officers;
• receiving suggestions from analysis organizations,
scientists and consultants on proposals for amendments and additions to
the Constitution, in addition to professional opinions;
• involvement of representatives of state our bodies and different
organizations within the work of the Constitutional Commission as
consultants;
• if crucial, the event of proposals for the
introduction of amendments and additions to different legislative acts
based mostly on the proposals obtained, which will probably be submitted to
state our bodies and different organizations for consideration
within the prescribed method;
• sending appeals obtained from people and authorized entities
about violations of their constitutional rights and freedoms to the
applicable departments for consideration;
The most essential ideas of the work of the Constitutional
Commission are:
firstly, actions should be clear and
accountable. Simultaneously, all situations will probably be in place for a
public dialogue of essentially the most urgent constitutional reform duties
in society, together with the participation of worldwide consultants
and civil society representatives.
A particular position on this will belong to the work of the
Press Service of the Constitutional Commission,
which is able to present in a easy and comprehensible language for an
unusual citizen the necessity, priorities and important instructions of
constitutional reforms and novels.
Furthermore, the group of scientific constitutional
boards will proceed, based mostly on the constructive expertise of
organizing two earlier worldwide conferences devoted to
various duties of the approaching constitutional amendments. All of
this demonstrates New Uzbekistan’s openness to each its residents
and the worldwide world usually.
secondly, collegiality. This is ensured by the
truth that each one members of the Constitutional Commission have a
single vote and equal decision-making rights.
thirdly, the president’s concept of “the individuals
are the creators of the legislation” is being applied by
widespread participation of civil society establishments, educational,
analysis, and analytical facilities within the Constitutional Commission’s
actions.
The National Centre of the Republic of Uzbekistan for Human
Rights, the NGO “Center for Sustainable Development” and the
Institute of State and Law of the Academy of Sciences of Uzbekistan
conduct scientific analysis on the subject “Constitutional reforms:
the expertise of the nations of the world”. The analysis is
carried out in pursuance of the duties decided by President
Shavkat Mirziyoyev to check international and worldwide expertise in
constitutional improvement.
In conclusion, the constitutional reforms will undoubtedly serve
to implement the duties of additional bettering the well-being of the
inhabitants and the prosperity of the nation, strengthening its
financial energy and competitiveness on the earth.
Akmal Saidov
Chairperson of the Constitutional Commission for the
Formation of Proposals for Constitutional Amendments and
Additions and Implementation of Organizational
Measures
