Azerbaijan 1995 Constitution (reviewed 2016) - Page 6 of 7

Table of Contents

Fifth Part. Law and statute

Chapter X. Legal System

Article 147. Legal Status of the Constitution of the Republic of Azerbaijan

The Constitution of the Republic of Azerbaijan is the supreme law in the Republic of Azerbaijan.
The Constitution of the Republic of Azerbaijan has direct binding effect.
The Constitution of the Republic of Azerbaijan is the foundation of the legal system in the Republic of Azerbaijan.

Article 148. Acts composing the Legal System of the Republic of Azerbaijan

The legal system of the Republic of Azerbaijan consists of the following normative-legal Acts:
1. the Constitution;
2. Acts adopted by referendum;
3. Laws;
4. Decrees;
5. Resolutions of the Cabinet of Ministers of the Republic of Azerbaijan;
6. Normative acts of central organs of the executive power.
International treaties, to which the Republic of Azerbaijan is a party, are an inalienable substantive part of the legal system of the Republic of Azerbaijan.
In the Nakhichevan Autonomous Republic the Constitution and the laws of the Nakhichevan Autonomous Republic, resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic also have binding force.
The legal system in the Nakhichevan Autonomous Republic must correspond to the legal system in the Republic of Azerbaijan.
Within their competence, the local organs of the executive power can take decisions and instructions of a normative character and other acts, provided that they do not conflict with acts forming part of the legal system.

Article 149. Normative Legal Acts

Acts that have been passed by referendum must be based on law and justice (on equal relationship to equal interests).
Only in case of publication of acts, passed by referendum, are their use and implementation obligatory for citizens, legislative, executive and judicial power, juridical persons and the municipalities.
Laws must not contradict the Constitution. The application and fulfillment is obligatory only for published laws for all citizens, legislative, executive and judicial powers, juridical persons and municipalities.
Decrees must not contradict the Constitution or laws of the Republic of Azerbaijan. Only published decrees are used and implemented for citizens, executive organs, and juridical persons.
Resolutions of the Cabinet of Ministers must not contradict the Constitution, Laws of the Republic of Azerbaijan, and decrees of the Republic of Azerbaijan. It is only when the resolutions of the Cabinet of Ministers of the Republic of Azerbaijan are made public that their application and realization are obligatory for citizens, central and local organs of the executive power, juridical persons.
Acts of central and local organs of the executive power must not contradict the Constitution, the laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, resolutions of the Cabinet of Ministers of the Republic of Azerbaijan.
Normative legal acts, altering the legal status of physical and juridical persons, removing or mitigating their legal responsibility can have retroactive force. Other normative-legal acts do not have retroactive force.
Normative legal acts shall be published. No one may be forced to execute (to adhere to) a regulation that was not published and held liable for failing to execute (to adhere to) such regulation. An order for publication of regulations shall be set forth by a Constitutional law.

Article 150. Acts of Municipalities

Acts passed by municipalities must not contradict the Constitution and the laws of the Republic of Azerbaijan, decrees or resolutions of the Cabinet of Ministers of the Republic of Azerbaijan (and in the Nakhichevan Autonomous Republic-also the Constitution and the laws of the Nakhichevan Autonomous Republic, resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic).
The implementation of acts passed by the municipality is binding for citizens living in its territory, and for juridical persons settled in this territory.

Article 151. Legal Status of International Acts

When conflicts arise between normative-legal acts which form part of the legal system of the Republic of Azerbaijan (with the exception of the Constitution of the Republic of Azerbaijan and the acts passed by way of referendum) and international treaties to which the Republic of Azerbaijan is a party, the international treaties shall apply.

Chapter XI. Revision of the Constitution of the Republic of Azerbaijan

Article 152. Procedure for the Revision of the Constitution of the Republic of Azerbaijan

Changes to the text of the Constitution of the Republic of Azerbaijan are adopted only by referendum.

Article 153. Procedure for the Initiation of a Constitutional Revision

If changes in the text of the Constitution of the Republic of Azerbaijan are proposed by the Milli Majlis of the Republic of Azerbaijan or the President of the Republic of Azerbaijan, the opinion of the Constitutional Court on the proposed changes must be obtained in advance.

Article 154. Limits on Powers of the Constitutional Court in constitutional referendums

The Constitutional Court of the Republic of Azerbaijan cannot give an opinion on the changes to the text of the Constitution approved by referendum.

Article 155. Limits to Constitutional Revision

Proposals for a referendum cannot be introduced concerning Articles 1, 2, 6, 7, 8 and 21 of this Constitution, regarding restrictions or the abolition of the rights and freedoms of man and citizen, provided for in Chapter III of the present Constitution, to a higher degree than is provided for by international agreements to which the Republic of Azerbaijan is a party.

Chapter XII. Amendments to the Constitution of the Republic of Azerbaijan

Article 156. Procedure for the Adoption of Constitutional Amendments

Amendments to the Constitution of the Republic of Azerbaijan shall be adopted as Constitutional Laws in the Milli Majlis of the Republic of Azerbaijan by a majority of 95 votes.
Constitutional Laws of the Republic of Azerbaijan on amendments to the Constitution of the Republic of Azerbaijan are put to a vote in the Milli Majlis of the Republic of Azerbaijan twice. The second voting is held six months after the first voting.
Constitutional Laws of the Republic of Azerbaijan on amendments to the Constitution of the Republic of Azerbaijan are submitted to the President of the Republic of Azerbaijan both after the first voting and after the second voting.
Constitutional Laws of the Republic of Azerbaijan on amendments to the Constitution of the Republic of Azerbaijan come into force upon the signing, after the second voting by the President of the Republic of Azerbaijan.
Constitutional Laws of the Republic of Azerbaijan are an integral part of the Constitution of the Republic of Azerbaijan and they must not contradict the main text of the Constitution of the Republic of Azerbaijan.

Article 157. Introduction of Amendments to the Constitution of the Republic of Azerbaijan

Amendments to the Constitution of the Republic of Azerbaijan can be put forward by the President of the Republic of Azerbaijan or at least 63 Members of the Milli Majlis of the Republic of Azerbaijan.

Article 158. Limitation on Initiative on Introduction of Amendments to the Constitution of the Republic of Azerbaijan

There cannot be proposed any amendment to the Constitution of the Republic of Azerbaijan regarding the provisions in Chapter I of the present Constitution.