F.Agayev: Amendments to the Constitution constrict democracy

The proposed amendment to the Constitution  increasingly narrow the principle of democracy in Azerbaijan, said in an interview Cətin Sual  of Turan agency Fuad Agayev, a known lawyer, one of the authors of the Constitutional Act on the restoration of the state independence of Azerbaijan in 1991. In the case of the amendments it will only lead to negative consequences in view of the administrative arbitrariness, and no fair justice.

Agayev also drew attention to the fact that the draft Referendum Act has not been  previously submitted to public discussion. He recalled that even in 1990 the law was "a national discussion and referendum."

In 1991, the Constitutional Act on State Independence was prepared with the participation of members of the public. Constitutional Commission, which prepared the   Constitution in 1995  included representatives of the opposition. National discussion  have always been held on the draft Constitution of the USSR in 1977 and the Constitution of Azerbaijan SSR in 1978.

Now the draft Referendum Act was launched with lightning speed , the Constitutional Court  prepared the opinion within a week. This means the public isolation from the preliminary discussion of the draft amendments.

On the other hand, constitutional law on normative legal acts provide preliminary legal, linguistic and other examination of bills. However,  it did not happen.

Agayev could not comment on the motives of the initiation of changes in the Constitution, noting that according to the content, they will further constrict democracy. Thus, the amendments provide for the appointment of the first vice-president and vice-presidents, who can become the successor of the President. That is, the powers of the president can exercise a person did not receive a mandate from the people, and not even approved by Parliament.

It does not fit with Article 1 of the Constitution, in which the source of power in the country is the people. And the provisions relating to Article 1 may not be put to a referendum (Article 155.) In general, the amendments have a negative impact on the balance between the branches of government, expanding the powers of the executive.  The critics causes also the elimination of the minimum voting age for the deputies and the president. The meaning of qualification is that the person occupying the position must have a personal, standard, professional experience, Agayev said. -06D--