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DIRECT APPLICATION OF THE CONSTITUTION AS AN IMPORTANT
GUARANTEE OF HUMAN RIGHTS
Bobojonov Javoxir Islom ogli
Lecturer, Department of Constitutional Law, Tashkent
State University of Law E-mail: bobojavohir06@gmail.com
https://doi.org/10.5281/zenodo.16949808
Abstract.
The article analyzes the principle of the direct application of the
Constitution as an important guarantee of human rights. First of all, it highlights
that Article 15 of the newly revised Constitution of the Republic of Uzbekistan
explicitly enshrines this provision and elaborates on its practical significance. It
is substantiated that the direct application of constitutional norms in the
activities of state bodies and officials serves as a foundation for building a
democratic state governed by the rule of law. Referring to international
experience, particularly the Basic Law of Germany and the decisions of the U.S.
Supreme Court, the author emphasizes that Uzbekistan’s constitutional reforms
are in harmony with international democratic standards. On the basis of
presidential decrees, the Plenum decision of the Supreme Court, and reports of
the Constitutional Court, it is demonstrated that this principle is being widely
applied in practice. In particular, it is shown that the direct application of
constitutional norms in judicial practice has increased significantly.
Keywords:
Constitution, basic law, rule of law, democracy, normative legal
act, direct application, judicial practice, obligation, duty.
Introduction
One of the key features of a democratic state governed by the rule of law is
that the adopted normative legal acts serve to ensure human rights and
freedoms as well as the well-being of society. Most importantly, such acts should
not remain merely on paper, but must turn into rules that are strictly observed
by state bodies and their officials, and that serve as a guiding principle in
practical activities.
In particular, compliance with and practical application of the Constitution
— the supreme normative legal act of the state — must be regarded as the
primary duty and responsibility of every state div and official. Indeed, in a
society where the Constitution is respected and its provisions are duly observed,
the rule of law is inevitably established.
Results
An important democratic provision has been incorporated into Article 15 of
the newly revised Constitution of the Republic of Uzbekistan: “The Constitution
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of the Republic of Uzbekistan shall have supreme legal force throughout the
entire territory of the country and shall be applied directly” [1].
It is known that in the 1992 Constitution of the Republic of Uzbekistan [2],
the principle of direct application was not explicitly enshrined. Therefore, the
implementation of constitutional norms in practice was often carried out
through other normative legal acts. In the new edition, however, this provision
has been directly codified, thereby further strengthening the legal force of the
Basic Law.
As President Shavkat Miromonovich Mirziyoyev emphasized in his
congratulatory address on the occasion of the 31st anniversary of the adoption
of the Constitution of the Republic of Uzbekistan: “We must move towards the
practice of applying the Constitution directly and immediately in all spheres of
public life. Only then will our people deeply feel the vital power and impact of
our Basic Law. In this regard, practical measures will be taken to introduce the
direct application of constitutional norms in the activities of all state bodies,
including the courts” [3].
Turning to international experience, the Basic Law of Germany also
explicitly establishes the direct application of the Constitution, and courts are
obliged to apply these norms directly in practice [4]. Similarly, the decisions of
the U.S. Supreme Court recognize the provisions of the Constitution as directly
applicable legal sources. This demonstrates that Uzbekistan’s new constitutional
reform is consistent with international democratic standards [5].
Undoubtedly, the direct application of the Constitution does not occur
automatically. In order to strengthen the role and significance of the
Constitution in the activities of state bodies and to achieve its direct
implementation, numerous measures have been taken and a number of
important documents have been adopted.
On May 8, 2023, the President of the Republic of Uzbekistan adopted Decree
No. PF-67 “On the First Priority Measures for the Implementation of the New
Edition of the Constitution of the Republic of Uzbekistan.” This decree strictly
established the following provisions: “Heads of state bodies and organizations
are personally responsible for ensuring the timely implementation of measures
related to the enforcement of the new edition of the Constitution; given that the
new edition of the Constitution has supreme legal force, it shall be applied
directly and unconditionally in the activities of state bodies and organizations,
including courts and law enforcement agencies; refusal to apply the provisions
of the new edition of the Constitution on the grounds of the absence of other
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legislative acts necessary for its implementation, or due to the lack of
amendments and additions to the legislation in accordance with the
Constitution, is strictly prohibited” [6].
Undoubtedly, the establishment of such provisions became an important
foundation for the practical application of Article 15 of the Constitution. This
decree not only ensures the direct effect of constitutional norms, but also
increases the responsibility of state bodies, making their activities more
transparent and effective. Most importantly, this requirement has become a
legal guarantee for the implementation of the principle of “individual — society
— state” within the public administration system. From now on, every leader
assumes personal responsibility for putting the Constitution into practice.
It is well known that the humanitarian and democratic norms of the
Constitution are particularly essential in judicial practice. From this point of
view, without adherence to the Constitution by the courts, its practical
application cannot be fully realized. For this purpose, the Plenum of the Supreme
Court of the Republic of Uzbekistan adopted the Resolution “On Certain Issues of
the Direct Application of the Provisions of the Constitution of the Republic of
Uzbekistan in the Administration of Justice.” This resolution marked a new stage
in the practical application of constitutional norms by the courts. As emphasized
in the Plenum’s decision, courts must assess the content of the law or other
normative legal act regulating the relevant legal relations and apply the
provisions of the Constitution directly as the supreme normative legal basis with
binding legal force [7].
At the same time, this decision contributed to the formation of a unified
approach in the practice of courts regarding the application of constitutional
norms. Indeed, resolving legal issues in judicial decisions by directly relying on
the provisions of the Constitution not only protects the rights and freedoms of
citizens but also strengthens the supremacy of the Constitution within the entire
legal system.
At this point, it is appropriate to elaborate on the concept of the direct
application of the Constitution. The direct application of the Constitution means
that state bodies and their officials, including courts, use constitutional
provisions as a direct legal basis when making decisions. This also envisions that
citizens themselves can directly rely on and exercise the rights and freedoms
guaranteed by the Constitution. For example, ministries, local administrations,
courts, the prosecutor’s office, internal affairs, and other institutions, when
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adopting a decision on a particular matter, explicitly refer to the relevant
provision of the Constitution.
Citizens, in turn, may rely on constitutional provisions in their daily lives to
exercise their rights. For instance, Article 47 of the Constitution stipulates that
no one may be deprived of housing without a court decision. If this requirement
is violated, a citizen may invoke the constitutional guarantee to protect his or
her rights.
As a result of the introduction of this rule, excuses such as “no relevant
procedure has been developed” or “no order has been received from above” can
no longer obstruct the enjoyment of constitutional rights. Consequently, the
provisions of the Constitution are ensured to have direct effect, regardless of
whether the procedure for their application is established in specific legislative
acts.
This significant constitutional amendment soon began to be reflected in
judicial practice. According to the 2024 report of the Constitutional Court of the
Republic of Uzbekistan on the state of constitutional legality in the country,
references to the Constitution and its articles were made in 73,242 criminal
cases (4.8 times more compared to 2023), 25,083 civil cases (5.6 times more),
30,301 economic cases (13.6 times more), and 8,837 administrative cases (13
times more). The courts most frequently referred to Articles 26, 27, 28, 29, and
31 (criminal cases); Articles 15, 20, 26, 29, 31, 33, 41, 42, 46, 47, 55, 60, 62–68,
76–78, and 80 (civil cases); Articles 15, 16, 55, 65–68, 99, 134, and 138
(economic cases); and Articles 15, 20, 21, 29, 30, 40, 41, 46, 54, 55, 65–67, and
138 (administrative cases) [8].
Conclusion
The above information demonstrates that the direct application of the
Constitution has begun to yield results not only in theory but also in practice. As
a consequence, constitutional provisions are being increasingly applied as
primary sources in judicial and legal practice, thereby contributing to the
strengthening of the rule of law.
In conclusion, the direct application of the Constitution is one of the most
important guarantees for building a democratic state governed by the rule of
law. This principle plays an invaluable role in strengthening citizens’ trust in the
state, as well as in enhancing legal awareness and legal culture within society. In
the future, the full and unconditional application of constitutional norms in the
activities of state bodies and officials, along with the expansion of legal
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education and awareness among the population, will further increase the
effectiveness of this principle.
References:
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O‘zbekiston Respublikasi Konstititsiyasi. (2023) Qonunchilik ma’lumotlari
milliy bazasi, 01.05.2023-y., 03/23/837/0241-son
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