An effective mechanism to protect human rights and freedoms

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October 29, 2015

An effective mechanism to protect human rights and freedoms

Tashkent hosted the International conference on “The Role of the Constitutional Court in the implementation of the power separation principle and protection of human rights: experience of Uzbekistan and foreign countries”. 


The event, dedicated to the 20th anniversary of the establishment of the Constitutional Court of the Republic of Uzbekistan, was organized by the Constitutional Court of the Republic of Uzbekistan in cooperation with the Institute for Monitoring of Current Legislation under the President of the Republic of Uzbekistan, the Research center on democratization and liberalization of judicial legislation and ensure the independence of the judiciary in the Supreme Court, and the OSCE Project Coordinator in our country.

The conference was attended by members of the Senate and the Legislative Chamber of Oliy Majlis of Uzbekistan, senior officials of judicial and law enforcement agencies, legal scholars, representatives of civil society institutions, heads and experts of constitutional courts and other bodies of the constitutional control in countries such as South Korea, Malaysia, Hungary, Belgium, Indonesia, Russia, Thailand, Pakistan, Armenia, Afghanistan, Kazakhstan, Kyrgyzstan, Tajikistan, Turkey.

Chairman of the Constitutional Court of the Republic of Uzbekistan B.Mirbabaev and others stressed that the path of building a democratic constitutional state has been chosen from the early days of independence under the leadership of President Islam Karimov and this principle has been constantly implemented over the past years in Uzbekistan.

The process strengthens the bases of civil society, and the highest value is people, their rights and freedoms. The important program of actions includes deideologization our country’s economy and its priority over politics, to authorize the government as the main reformer, the rule of law, a strong social policy, gradual and evolutionary reforms, which is recognized worldwide as the “Uzbek model” of development.

The Constitution of the Republic of Uzbekistan secured the most important principle of a constitutional state – the separation of powers. Article 11 of the Main Law of our country states that the system of government of the Republic of Uzbekistan is based on the principle of separation of powers into legislative, executive and judicial.

The Concept of further deepening democratic reforms and formation of civil society in the country, put forward by the President of our state, fulfilled reforms in this sector focused on the consistent implementation of the constitutional principle of separation of powers, creating between them an effective system of checks and balances, strengthening the role of authority and control functions of legislative and representative government in the center and regions, implementation of measures to liberalize the judicial system and ensure its independence.

The system of democratic state power is formed due to the consistent implementation of this principle in our country. The judiciary is formed and functioning as an independent branch of government, including the Constitutional Court, which consistently provides the principle of separation of powers and protects the rights and freedoms of citizens by determining the accordance of the certain legal acts with the Constitution, explanation of norms of the Constitution and laws, implementation of legislative initiative.

The conference highlighted that a consistent and systematic implementation of the constitutional principle of separation of powers in Uzbekistan, providing a balance of interests among the branches of government are an important factor in addressing the challenges faced by the state and society.

Constitutional Justice is an important quality characteristic of a democratic state. Constitutional Justice is the highest form of constitutional control, the special requirements, and the necessary institute of a modern democratic state. Ensuring supremacy of the Constitution and the establishment of the country’s legal environment are the guarantee of rights and freedoms.

According to the judge of the Constitutional Court of the Republic of Korea Kim Jong Chang, many countries have paid great attention to the expansion of the powers of the constitutional control, strengthening their institutional independence. In foreign states there is a tendency to enhance the role of constitutional control bodies in the process of implementation of the principle of separation of powers by introducing clear mechanisms for the fulfillment of these bodies’ decisions.

– In Uzbekistan, the legal system created as a fully elaborate system institute, embodies the best experience of international practice, – says the judge of the Constitutional Court of the Russian Federation Mikhail Kleandrov. – Quality and effective consideration of cases promotes specialization of courts of general jurisdiction, formed network of arbitration courts. The Constitutional Court by considering the cases on the conformity of acts of legislative and executive authorities with Constitution also assesses the performance of each branch of the power exercised within its powers in compliance with their acts of human rights and freedoms. All this contributes to the implementation of the rule of law, which is an important condition for constitutional state.

The clear definition of objects of constitutional control and limits of their consideration are important in the effectiveness of constitutional control, says the chairman of the Court of Appeal of Malaysia Tan Sri Raus Sharif. Furthermore, ensuring full judicial normative control is relevant, so that no legal act that does not coincide with the Constitution, is not remained outside of the judicial control, and to avoid duplication of supervisory powers of the judiciary.

– Uzbekistan has been famous since ancient times as a country that highly valued the kindness, mercy, – says the judge of the Supreme Court of Pakistan Kazi Faёz Iso. – Having visited Uzbekistan, I became convinced that the reforms in the name of human rights and interests are leading the country to prosperity. The key to the development is how fully branches perform their tasks. This places a special responsibility on the judges.

The Constitutional Court plays a special role in continuing modernization of our country’s legal system. The work on the protection of the legal system, democratic values, and their introduction into the life of our people is continuing. Further improvement of the activity of the Constitutional Court of the Republic of Uzbekistan should be directed to the modernization and democratization of judicial process, ensure openness and transparency of the constitutional justice, strengthening the effective and timely protection of human rights and freedoms.

All three branches of government are formed and functioning effectively in Uzbekistan, – says the judge of the Constitutional Court of Thailand Tvekiat Menakanist. – They perform their tasks in accordance with legislation and interact in the interests of citizens, which creates the basis of stability and prosperity in the country.

The conference discussed the role and importance of the Constitutional Court in the implementation of the principle of separation of powers and protection of human rights, relevent issues of constitutional proceedings, improvement of the mechanism of human rights protection. Recommendations were adopted by the results of the International forum.