The USA Journals Volume 03 Issue 12-2021
17
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 18, 2021 |
Pages:
17-22
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-04
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2021:
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‘
ABSTRACT
In the current article, the author studies the processes associated with the adoption of the
Constitution of the country and its historical development in comparison with the activities related to
the development of foreign constitutionalism. The evolution of the National Constitution is also
discussed in stages.
KEYWORDS
Constitution, Constitutionalism, The History Of The Constitution, The Experience Of Foreign Countries,
Evolution, Rights And Freedoms.
INTRODUCTION
Looking at the history of states and legal
systems, we understand that it has not been a
long time before the appearance of the
constitutions that we imagine now. According
to some sources, the US Constitution, adopted
in Philadelphia in 1787, was the first
Constitution. In
fact, there
are also
constitutions that were adopted before it. This
is the basic law of the Republic of San Marino,
one of the smallest enclave states in the world
(surrounded on all sides by Italian territory),
adopted in 1600. The very beginning of the
Constitution is not surprising, if in fact it is the
legal acts of ancient Greece. Created in ancient
Babylon almost four thousand years ago, the
laws of Khammurapi, also reflected many
aspects inherent in the Constitution. In the
countries of the East, the religious doctrine, in
particular the Islamic religion guidelines, sharia
rules also served as a Constitution. In addition,
The Evolution Of The Constitution Of Uzbekistan: History,
Importance And Its Role In The Restoration Of The New
Uzbekistan
A.A. Tulyaganov
Doctor Of Legal Sciences, Associate Professor, Deputy Director Of The Institute Of State And
Law Of The Academy Of Sciences Of The Republic Of Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 12-2021
18
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 18, 2021 |
Pages:
17-22
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-04
I
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F
ACTOR
2021:
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in the book "Knowledge of Happiness" by our
glorious Yusuf Khoshhodhib, the need for
relations between the state, society and man is
deeply reflected. In particular, the "Rules" of
Amir Temur are a valuable political, legal,
educational guide in this regard, and many of
its ideas have not lost their relevance (1).
THE MAIN FINDINGS AND RESULTS
Although the term “constitution” was known
in ancient Greece and Rome (for example, in
Greece, especially in Sparta, a set of basic
governing laws, the law called the Imperial
Constitution
in
Rome),
Amir
Temur’s
“Regulations” have a special form (dispositive
norms) as well as imperative norms) which had
the character of a constitutional document.
Along with Sharia law, it had a strong influence
on the lives of the peoples of the Central Asian
region. It is also worth noting that it was one of
the most advanced legal documents of that
time. Interestingly, among the countries of the
world there are those who do not have a
constitution. Although the United Kingdom,
New Zealand, and a few other countries are
constitutional democracies or developed
democracies, they do not have a single legal
document called the Constitution, which is
clearly different among the countries of the
world. In Great Britain, constitutional rights are
reflected in the laws adopted by the
parliament. It was here that the Habeas Corpus
Act was adopted in 1689.
The history of the current Constitution of the
Republic of Uzbekistan is also rich in significant
events and processes. The term Constitution is
derived from Latin language and means
structure, order, which is the Basic Law of the
state. It determines the structure of the state,
the system of power and governing bodies, the
order of their competence and formation, the
electoral system, the rights and freedoms of
citizens, the interaction of society and the
individual, as well as the judicial system, as well
as the interaction of the state and society.
No one denies that the creation of the
Constitution of the Republic of Uzbekistan is
the result of our people's long-term pursuit of
independence. First of all, the construction of
the constitution architecture of our state is
based on more than three thousand years of
experience of national statehood.
Today's new
Uzbekistan embodies the ancient Khorezm
and
Sogdiana,
Bactria,
Karakhanids,
Khorezmshahs, Amir Temur and Temurids,
Uzbek khanates, historical traditions in the
national spirit.
Our Basic Law was created taking into account
the world constitutional experience, which
includes Eastern and Western civilizations, the
progressive constitutional experience of more
than 100 countries.
Therefore, the fact that the ideas and norms of
the Constitution of Uzbekistan reflect
centuries-old experience and spiritual values of
our people, rich historical and legal heritage is
the guarantee of its viability.
At the same time, our Constitution embodies
the
best
practices
of
constitutional
construction in many democracies, the
mechanism for ensuring and protecting human
rights and interests, freedoms based on the
universally recognized norms of the Universal
Declaration of Human Rights and other
international instruments in this area.
The adoption of the Constitution established a
clear legal system that regulates relations in all
spheres of social and state construction, in all
spheres of national legislation.
Over the past period, the parliament of our
country has adopted about 700 laws in
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Pages:
17-22
Doi:
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accordance with the Constitution, ratified
more than 200 multilateral international
agreements, and thus created an integrated
legal mechanism for the implementation of our
Basic Law. Its effectiveness has been shown by
time itself, and it is recognized by the world
community today.
As noted by Academician AH Saidov, it is not in
vain that such a high and objective assessment
of our Basic Law. This can be explained by the
following reasons, among others.
First, our Constitution is a truly democratic
Constitution. It is a document that has been
tested in history and embodies universal,
universal values and international standards.
Second, our Constitution is based on the
historical experience of the most developed,
developed countries. In doing so, we have
studied and taken into account the most
advanced foreign constitutional practices,
rather than blindly copying the ready
Constitution of any state. As a result, our
General Law System now competes with the
Constitution of any developed country in the
world.
Third, the ideas and norms of the Constitution
are based on the deep historical roots of the
Uzbek people, which includes centuries of
experience and spiritual values, the legal
heritage of our great ancestors [1].
The Constitution strictly defines the most
important aspects of the state structure, the
powers of the legislature, the executive and
the judiciary, the electoral system, the rights,
duties and responsibilities of citizens, society
and the individual, as well as the relationship
between state and citizen.
If we turn to the history of the state and law of
our country, we will see that the emergence of
the first books, which embodied the
peculiarities of the constitution, goes back a
long way. In particular, Amir Temur’s book
"Temur's Statutes" covers many aspects of
public administration, the division of power,
the formation of the executive branch, the
appointment and dismissal of officials, the
relationship between state and citizen, the
formation of the tax and financial system. In his
research work related to the candidate’s
dissertation, the author paid great attention to
these issues in 1995-1997 [2].
The
drafting
of
the
Constitution
of
independent Uzbekistan takes into account
similar historical works, as well as the
experience of more than 100 countries and
aspects
that
are
important
for
the
development of our country.
One of the most important steps in the
creation of the Constitution of the Republic of
Uzbekistan was the formation on June 21, 1990
of a 64-member Constitutional Commission in
cluding statesmen and deputies chaired by the
First President of the Republic of Uzbekistan
Islam Karimov.
It is noteworthy that the President of the
Republic
of
Uzbekistan
Shavkat
Miromonovich Mirziyoyev was also a member
of this council and made a significant
contribution to the creation of our
encyclopedia. As a result of more than 2 years
of work by this commission, the draft
Constitution of our country has been
prepared.
The first draft of the Constitution was
published in the press on September 26, 1992
and put up for a public discussion. If we look
at the historical data, the Constitutional
Commission has received about 600 letters
with different views on the draft of our
Constitution. At the same time, the views
expressed by citizens of our country
amounted to more than 5,000 [3].
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Pages:
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Taking into account the views expressed by
citizens,
the
draft
Constitution
was
supplemented and submitted for public
discussion for the second time on November
21, 1992. It was adopted December 8, 1992.
It is clear that the Constitution was adopted at
the most difficult period in the history of our
country. In general, the first years of
independence were a period of various threats
to political stability, various actions to provoke
interethnic conflicts in regions such as
Namangan and Tashkent, as well as economic
difficulties, including serious problems with
food provision security.
In such a dangerous period, the Constitution of
the Republic of Uzbekistan was adopted on the
way to build a state that considers the interests
of man as the highest value, able to live a
decent, prosperous life, ensuring peace and
harmony.
The Constitution of our country is a historical
document that considers human rights as the
highest value, embodies the principles of
democracy and aims to ensure the well-being
of every citizen living in our country, the rule of
law, equality before the law.
CONCLUSION
In conclusion, it is worth noting that the main
encyclopedia of our country has played a great
role in the historical course of our country,
which has been occupied to this day. We can
see this in the following directions.
First
, the Constitution enshrined in the law that
the Republic of Uzbekistan is a sovereign
democratic state. In particular, Article 1 states
that “Uzbekistan is a sovereign democratic
republic. The names of the country "Republic
of Uzbekistan" and "Uzbekistan" mean the
same thing [4].
“From the first article to the last, Article 128 of
the Constitution of Uzbekistan, which is
fundamentally
different
from
previous
constitutions in terms of its structure, direction
and content, has been enriched with the idea
of independence. It is also a feature of our
Constitution that the world community relies
on its achievements in the field of human rights
and democratic values [5].”
Second
, our encyclopedia has created legal
guarantees that the only source of power is the
people, that every citizen can participate in the
decision-making process on
the most
important issues of the country's life through
referendums and express their civic position. It
should be noted that these aspects are the
most important, in other words, the primary
principles of democracy.
Thirdly
, unlike the legislation that existed
before
independence,
the
Constitution
emphasizes economic rights, in particular the
rights of every person to own property, to
work and to freely choose a profession.
In this regard, the fact that the norms on the
protection of property rights are reflected in
the encyclopedia is a huge step in the
development of a market economy in our
country.
During the first years of independence, as the
Republic of Uzbekistan abandoned the
centrally planned economy and transitioned to
a market economy, strengthening its legal
framework became an urgent task.
First of all, there was a need to strengthen
property rights, because the market economy
is based on the inviolability of private property.
In this regard, the importance of the
constitution is incomparable.
Fourth
, all citizens are guaranteed equality
before the law, regardless of race, gender,
religion, language, or social origin.
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Due to the path of development of developed
countries, the legal basis for development is
equality and justice. In this case, the equality of
citizens before the law is the basis of
democratic development.
“Human
interests
are
considered
as
paramount in our constitution. Every person
who has carefully studied our Basic Law will
witness firsthand that its whole essence is to
serve man. Nowhere in our Constitution there
are such provisions as "the right of the state"
or "citizens must fulfill the will of the state."
On the contrary, in our Constitution, “the
state expresses the will of the people and
serves its interests. The Constitution states
"State bodies and officials are accountable to
society and citizens," "The state ensures the
rights and freedoms of citizens enshrined in
the Constitution and laws
(1)
."
Fifth
, one of the most important aspects of
building a developed civil society in the
Constitution is that the rights of everyone, such
as life, liberty, personal inviolability, freedom of
thought, speech, belief and conscience, have
been elevated to the highest value.
In this case, the encyclopedia of these rights
further enhances the importance of these
concepts in society.
Sixth
, it has been firmly established in the legal
system of our state that no normative legal act
or its separate norm may contradict the
Constitution. In particular,
Article 16 states that
"No law or other normative legal act may
contradict the norms and rules of the
Constitution [4].
" The importance of this norm
in building a democratic state based on the rule
of law is incomparable. As this constitutional
norm, on the one hand, prevents the
emergence of various contradictions in the
law, on the other hand, serves as a basis for its
elimination in the event of conflicts.
In fact, a new system of communication with
the people has been introduced in our country
on the basis of the principle of hearing people's
grief, open communication with them,
lightening their pain, relying on the basic
principle that "state bodies should serve the
people, but not the contrary ". The same can be
said about the virtual and public receptions of
the President, established on the initiative of
the head of our state.
The Action Strategy, developed on the basis of
the Constitution of the Republic of Uzbekistan
has laid the foundation for a completely new
stage in the development of the state and
society in the recent past. At present, on the
initiative of President Shavkat Mirziyoyev,
large-scale and huge reforms are being carried
out to build a new Uzbekistan.
Our General Law System plays an important
role in the implementation of this strategy,
because the implementation of all aspects of
the New Uzbekistan Strategy is closely linked
with our legal encyclopedia.
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Pages:
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