BAKU, Azerbaijan, November 12. The Constitution is the legal foundation of Azerbaijan’s independent statehood path, political analyst Azer Garayev told Trend.
He said that November 12 holds a special place in the history of Azerbaijan's modern statehood.
According to him, this date symbolizes a significant milestone in the country’s history, a period following the attainment of independence during which it defined its political and legal system based on the national will. The Constitution, adopted in 1995, became a fundamental document that established the future development trajectory of Azerbaijan, the organization of state power, and the principles governing the relationship between society and the state.
"The restoration of independence provided Azerbaijan with the opportunity to shape its own model of statehood. However, a mere political decision regarding independence wasn't sufficient for this purpose. There was a need for a unified legal system that would regulate the functioning of the new state, define the powers of state institutions, and protect the rights and freedoms of citizens. The necessity of drafting a Constitution stemmed precisely from this historical requirement.
The first Constitution of the Republic of Azerbaijan was adopted in a nationwide referendum held on November 12, 1995. The document entered into force on November 27 of the same year. A commission led by National Leader Heydar Aliyev was tasked with drafting the Constitution. Thus, the foundations of the new legal system of independent Azerbaijan were affirmed by the will of the people," he recalled.
Garayev pointed out that the historical significance of this event can also be understood when compared to Azerbaijan's previous constitutional experience.
“During its brief existence from 1918 to 1920, the Azerbaijan Democratic Republic was unable to adopt a separate Constitution. In the Soviet era, the republic's fundamental laws were drafted in alignment with the political and legal structure of the union state. The 1995 Constitution was the first to consolidate the principles of statehood for an independent Azerbaijan into a single document.
A key feature of this Fundamental Law is its establishment of the principle of the separation of state power into legislative, executive, and judicial branches. This approach defines the legal framework for the exercise of authority within state governance, regulating the operational scope of each branch and the relationships between them. The Constitution also explicitly enshrines the principle that the people are the sole source of state power, and that they exercise their sovereign rights through referendums and elections.
Thus, in addition to defining the operational procedures for state institutions, the Constitution provides a legal guarantee that state power is rooted in the will of the people. This principle plays a vital role in the formation of the governance system of an independent state,” he noted.
The analyst emphasized that another significant aspect of the Constitution is the legal guarantee of human and civil rights.
"The fact that a separate section of the document is dedicated to fundamental rights and freedoms demonstrates the importance of this issue within state-citizen relations. The enshrinement, at the constitutional level, of rights such as life, liberty, personal inviolability, property, education, labor, and social security, among others, forms the basis for the legal protection of every citizen. In this context, the state’s duty is not merely to recognize these rights, but also to provide the appropriate mechanisms for their realization.
The Constitution also defines Azerbaijan's territorial structure and the various levels of state governance. The constitutional status of the Nakhchivan Autonomous Republic, the operating principles of local self-governance bodies, and the foundations of the legislative system are all reflected in this document. Comprising five sections, 12 chapters, and 158 articles, the Fundamental Law provides a comprehensive picture of the country's political and legal system," Garayev explained.
According to him, changes that have occurred in Azerbaijan's socio-political and economic life over time have necessitated the refinement of the Constitution.
"Amendments and additions have been made to the Fundamental Law through referendums held in 2002, 2009, and 2016. This process has been significant in terms of addressing new requirements in state governance, updating the operations of political institutions, and improving legal mechanisms. Furthermore, the fact that changes to the Constitution are enacted via referendum ensures that the will of the people remains central to any modifications of its core provisions.
In the period following the adoption of the Constitution, work has continued across various aspects of building a state governed by the rule of law. The refinement of the legislative framework, the development of the judicial system, and the implementation of new governance mechanisms have served to strengthen the legal foundations of the independent state. At the same time, Azerbaijan’s membership in international organizations and its integration into the system of international treaties have brought to the fore the need to align national legislation with modern legal standards," the analyst mentioned.
Garayev remarked that another significant aspect defining the importance of the Constitution in the history of Azerbaijan’s modern statehood concerns the country’s territorial integrity and sovereignty.
“For many years, due to the occupation by Armenia, it hadn’t been possible to exercise Azerbaijan’s constitutional rights across the entire territory of the country. Following the victory achieved in the Patriotic War in 2020 and the local anti-terror measures carried out in September 2023, the country’s territorial integrity and sovereignty were fully restored. This marked the beginning of a new phase aimed at ensuring the legal force of the Constitution of Azerbaijan throughout the entire country.
This change also defined new tasks for state-building. Establishing a governance system in the territories liberated from occupation, applying legal norms, developing infrastructure, and ensuring the return of the population to their native lands are key aspects of forming a unified constitutional space. Thus, the restoration of territorial integrity has also created new opportunities to strengthen state sovereignty on both legal and institutional levels.
It is within this context that President Ilham Aliyev’s declaration of 2025 as the Year of the Constitution and Sovereignty holds particular significance. This decision was linked to the 30th anniversary of the Constitution and the fifth anniversary of the historic victory in the Patriotic War. Events, scientific discussions, and legal awareness initiatives organized throughout the year highlighted the interconnection between these two significant aspects of the history of statehood," he noted.
The analyst stressed that today, on November 12, 2026, as Constitution Day is marked, it’s important to reflect on the experience gained over the 31 years since 1995.
"During this period, Azerbaijan has shaped its political institutions as an independent state, traversed a path of economic and social development, and expanded its position within the system of international relations. Throughout these processes, the Constitution has remained the fundamental document defining the legal framework for the state's activities.
The significance of Constitution Day extends beyond merely commemorating the anniversary of a historical event. This date serves as a reminder to every citizen of the legal foundations upon which their rights are protected, the principles that underpin the state's operations, and the vital importance of respecting the law for the development of society. The strength of a state governed by the rule of law depends on the application of legal norms in daily life, the assurance of legality within the operations of state institutions, and the legal responsibility of its citizens.
November 12 is a landmark date that recalls the legal foundations of Azerbaijan’s path toward independent statehood, reflecting the sovereign will of the people and the responsibility for statehood owed to future generations. The Constitution adopted in 1995, while laying the foundation for the country's political and legal development, has also become an integral part of the history of statehood of modern Azerbaijan," he added.
