The Constitution of Azerbaijan (Azerbaijani: Azərbaycan konstitusiyası) was

adopted on 12 November 1995 by popular referendum. This Constitution was the

first Constitution of independent Azerbaijan.

The first Constitution of independent Azerbaijan consists of 5 chapters, 12 sections

and 147 articles. It was amended on 24 August 2002 and again on 18 March 2009.
It carries the "highest legal force" in Azerbaijan as per article 147. The most recent
amendments to the Constitution were approved after the Constitutional referendum
held on 26 September 2016. In 2002, 31 amendments were made to 22 articles; in
2009, 41 amendments were made to 29 articles; and in 2016, 23 articles were
amended and 6 new articles were added.

The Azerbaijan Democratic Republic founded in 1918 and existed 23 months until
1920 was not able to adopt its constitution. Therefore, the history of Constitution
building in Azerbaijan generally starts from the period of Azerbaijan being part of
Soviet Union. The first Constitution of Azerbaijan SSR was adopted in 1921 and
was in accordance with the Constitution of USSR. The last Constitution of
Azerbaijan SSR was adopted on 21 April 1978 and also was in line and form of
USSR Constitution.

Azerbaijan declared its independence in 1991, and the preparation of a new

constitution to replace the 1978 document began in 1992. The adoption of a new
constitution was repeatedly delayed by civil and political turmoil. Pending the
adoption of a new constitution, the fundamental document in the early 1990s was
the October 18, 1991, Act of Independence, which government authorities
described as the basis for a new constitution. During this interim period, the
provisions of the 1978 constitution were valid if they did not violate or contradict
the Act of Independence. The act declared that Azerbaijan is a secular, democratic,
and unitary state, with equality of all citizens before the law. Freedoms enshrined
in the Universal Declaration of Human Rights and other international human rights
documents were to be upheld, and the right to form political parties was stipulated.
The Act of Independence also proclaimed Azerbaijan's territorial integrity and its
sovereignty over all its territory.

The Preamble to the Constitution specifies, in order to "provide prosperity and

welfare of the whole society and each individual", that the following objectives be
declared:

protection of national sovereignty and territorial integrity

a constitutional democracy

establish a civil society

a secular state based upon the rule of law

a "worthy life level" for citizens and "just" economic and social order

observance of "universal human values", peace and international cooperation.

Chapter 1, General Provisions

Section 1, People's Power

Section 1 establishes the source of state power being the Azerbaijani people and
their unity, and states that most political issues are to be solved by referendum,
defining as en exception taxation, state budget, amnesty and pardon. It defines that
only authorized representatives elected by people have the right to represent the
people, speak on behalf of people and to make statements on behalf of people. It
also bans the usurpation of power.

Section 2, Fundamentals of the State

Section 2 establishes the basic principles, aims and role of the state of Azerbaijan,
defines the head of a state and concepts in regard to military forces, property,
natural resources, social, economic and development issues as well as state
symbols, principles of foreign relations and the official language. It also establishes
basis for religion and state, montery unit, restrictions concerning state depts and
capital.
Chapter 2, Major Freedoms, Rights and Responsibilities

Section 3, Principal Human and Civil Rights and Freedoms

Generally, there are 48 Articles regarding principal human and Civil Rights and
Freedoms in the Constitution of Azerbaijan. Section 3 establishes the major rights
and freedoms of citizens of Azerbaijan, including human rights, property rights,
equality rights and intellectual property rights, civil rights, the rights of the
accused, the right to strike, social security, the right to vote and freedom of speech,
conscience and thought.

Section 4, Principal Obligations of Citizens

Section 4 obliges citizens to obey laws, pay taxes, observe loyalty to and respect
for the state of Azerbaijan and its symbols and states that it is the "duty of every
Person" to participate in national defense, protection of national and historical
monuments and protection of the environment. According to the Opinion of the
Venice Commission, the latest modifications to the Constitution made in
September 2016 Referendum are evaluated as positive steps in the direction of
strengthening of constitutional protection of human rights. Introduction of the
concept of “human dignity”, the right to “conscientious treatment excluding
arbitrariness”, constitutionalisation of the principle of proportionality in human
rights protection has been welcomed by the commission.

Chapter 3, State Power

Section 5, Legislative Power

Section 5 establishes the National Assembly of Azerbaijan (Milli Majlis), its

powers and its capacities. It defines number of deputies, Procedure of elections of
deputies, Term of authority of a calling of Milli Majlis, Requirements to candidates
to the posts of deputies, End of the term of authority of deputies, sessions of
National Assembly, deprivation of deputies of their mandates and loss of powers
by the deputy, Immunity of deputies, etc.
Section 6, Executive Power

Section 6 establishes the post of President of Azerbaijan and the President's

requirements, duties, capacities and powers, as well as those of his Cabinet.

The 18 March 2009 amendment lifted the previous term limit of two five-year
terms for the office of President, allowing President Ilham Aliyev to run for a third
term after his second term ends in 2013.

Section 7, Judicial Power

Section 7 establishes the Azerbaijani judicial system and Constitutional and

Supreme Courts.

Section 8, Nakhichivan Autonomous Republic

Section 8 establishes the autonomous government of the Nakhichivan region and

its legislature (Ali Majlis).

Chapter 4, Local Self-Government

Section 9, Municipalities

Section 9 establishes the basic structure of municipalities in Azerbaijan.

Chapter 5, Justice and Law

Section 10, Legislative System

Section 10 upholds the Constitution as having the "highest legal force" and that no
laws or decrees may contradict it; it also establishes the legislative system of the
country, based upon the Constitution, referendums, laws, presidential decrees,
resolutions of the Cabinet and Acts of executive bodies.

Section 11, Changes in the Constitution of the Republic of Azerbaijan

Section 11 establishes the process of amending the Constitution through

referendum, and stipulates what sections of the Constitution cannot be cancelled.

Section 12, Additions to the Constitution of the Republic of Azerbaijan

Section 12 establishes the process of adding provisions to the Constitution through
referendum.

Transitional Clauses

Transitional clauses provide conditions for taking power of the Constitution and its
application in regard to different branches of power defined by it.

Holiday

Constitution Day is celebrated on 12 November as a national holiday.

Article 1. The source of power

I. The sole source of state power in the Republic of Azerbaijan shall be vested in
the people of Azerbaijan.

II. The People of Azerbaijan shall be citizens of the Republic of Azerbaijan living
within and beyond the territory of the Republic of Azerbaijan who are subordinate
to the state of Azerbaijan and its laws, which do not exclude norms defined by
international law.

Article 2. Sovereignty of the people

I. Freely and independently determining their destiny and establishing their own
form of governance is the sovereign right of the people of Azerbaijan.

II. The people of Azerbaijan shall exercise their sovereign right directly by nation-
wide popular vote - referendum, and through their representatives elected on the
basis of universal, equal and direct suffrage by free, secret and personal ballot.

Article 3. The issues solved by nation-wide popular vote-referendum

I. The people of Azerbaijan may resolve any issue related to their rights and
interests by means of referendum.

II. The following issues may be resolved by referendum only:

1. adoption of the Constitution of the Republic of Azerbaijan and introduction of
amendments thereto;

2. alteration of state borders of the Republic of Azerbaijan.

III. No referendum may be held with respect to the following issues:

1. taxation and state budget;

2. amnesty and pardon;

3. election, appointment or approval of the officials, whose election, appointment

or approval is assigned to the competence of the legislative and (or) executive
bodies respectively.

Article 4. Right to represent the people

No one except authorized representatives elected by the people has the right to
represent the people, speak on behalf of the people and to make statements on
behalf of the people.

Article 5. Unity of people

I. The people of Azerbaijan shall be united.

II. Unity of the Azerbaijani people shall constitute the basis of the State of
Azerbaijan. The Republic of Azerbaijan shall be the common and indivisible
motherland for all of the citizens of the Republic of Azerbaijan.

Article 6. Inadmissibility of usurpation of power

I. No part of the Azerbaijani people, no social group or organisation, no individual

may usurp the authority to exercise the power.

II. Usurpation of power is the most serious crime against the people.

Article 7. The state of Azerbaijan

I. The state of Azerbaijan is a democratic, law-governed, secular, unitary republic.

II. In internal affairs the state power of the Republic of Azerbaijan is restricted only
by law, and in foreign affairs – only by provisions of international treaties to which
the Republic of Azerbaijan is a party.

III. State power in the Republic of Azerbaijan shall be based on the principle of
separation of powers:

• legislative power shall be exercised by the Milli Majlis of the Republic of

Azerbaijan;

• executive power shall be vested in the President of the Republic of Azerbaijan;

• judicial power shall be exercised by the courts of the Republic of Azerbaijan.

IV. In accordance with the provisions of the present Constitution the legislative,
executive and judicial power interact and are independent within the limits of their
respective authority.

Article 8. The Head of the State of Azerbaijan

I. The President of the Republic of Azerbaijan is the Head of the state of

Azerbaijan. He/she represents the state of Azerbaijan both within the country and
in its foreign relations.

II. The President of the Republic of Azerbaijan embodies unity of the Azerbaijani
people and ensures continuity of the Azerbaijani statehood.

III. The President of the Republic of Azerbaijan is the guarantor of independence

and territorial integrity of the state of Azerbaijan, and of its observance of
international treaties to which the Republic of Azerbaijan is a party.

IV. The President of the Republic of Azerbaijan is the guarantor of independence of

judicial power.

Article 9. Armed forces

I. The Republic of Azerbaijan establishes the Armed Forces to ensure its security
and protection. The Armed Forces are composed of the Azerbaijani army and other
armed formations

II. The Republic of Azerbaijan rejects war as a means of encroaching on the

independence of other states and settling international conflicts.

III. The President of the Republic of Azerbaijan is the Supreme Commander-in-

Chief of the Armed Forces of the Republic of Azerbaijan.

Article 10. Principles of international relations

Republic of Azerbaijan builds its relations with other states on the basis of the
principles enshrined in universally accepted international legal rules.

Article 11. Territory

I. The territory of the Republic of Azerbaijan is united, inviolable and indivisible.

II. Internal waters of the Republic of Azerbaijan, sector of the Caspian Sea (lake)
belonging to the Republic of Azerbaijan, air space over the Republic of Azerbaijan
are integral parts of the territory of the Republic of Azerbaijan.

III. No part of territory of the Republic of Azerbaijan may be estranged. The

Republic of Azerbaijan shall not yield any part of its territory, in any form, to
anybody; state borders of the Republic of Azerbaijan may be altered only in
accordance with the will of its people by means of a referendum held by Milli
Majlis of the Republic of Azerbaijan.

Article 12. The highest objective of the state

I. The highest objective of the State is to ensure rights and liberties of a person and
a citizen and a proper standard of living for the citizens of the Republic of
Azerbaijan.
II. Rights and liberties of a person and a citizen listed in the present Constitution
are applied in accordance with international treaties to which the Republic of
Azerbaijan is a party.