My Constitution


The Constitution as a reflection of the democratic transformations of the New Uzbekistan

The Constitution as a reflection of the democratic transformations of the New Uzbekistan

Analyzing the role of constitutions in ensuring the further development of society and the state, we come to the conclusion that this document has a special socio-cultural significance, since it is nothing but the cultural and historical matrix of a particular society cast in a legal form.

According to many experts in the field of political science, the origins of the idea of constitutional norms can be found in various societies of the Ancient World - China, Babylon, Egypt, Greece, Rome, etc.

For example, in China there was a division of laws into imperial and current laws.

The Greeks used the term "nomos" for constitutional prescriptions - a special law with supreme legal force. In general, Aristotle (384-322 B.C.) can be called the first great theorist and analyst of constitutionalism. He studied the various representations of social and political orders in the Greek polities of his time and tried to determine the relatively best constitution.

The Romans actively introduced the term "constitutio" into legal practice. The use of this linguistic sign is explained by the need to hierarchize social regulators. They had a specific form of expression - "imperial constitutions". Polybius (c. 200 - c. 120 BC) in his "General History" developed a "mixed model of constitution" for Rome, including the idea of "checks and balances".

"Statute" of Amir Temur by its functional characteristics, to a certain extent, also meets the requirements of a constitutional legal document, which reflects the principles, organizational forms and system of methods of governance. It details the mechanism of governance, ethical norms of behavior of officials, down to a simple warrior.

As history shows, constitutions change, just as regimes in power change, visions of their country's place in the world change, and states change. Even if a constitution is significantly altered, or suspended, abolished, rewritten, it still bears the imprint of the society whose political existence it affirmed.

The modern concept of the constitution asserts that this state document is not only the embodiment of a social contract that enshrines the existing, real balance of political forces and the achieved consensus of the elites. It is also a special political and legal mechanism, a kind of instrument for managing various changes and development in society.

Summarizing what has been said about the essence of the modern constitution, in my opinion, it is appropriate to cite the opinion of Thomas Paine, a famous American public figure, nicknamed the "Godfather of the United States": "...the constitution must exist in reality, not virtually. It is material. It is therefore a document; the constitution precedes the government. It confers competence on the government. Therefore, it can be created not by the government but by the people; a constitution must create the rights and duties of the government. And it must be comprehensive; a constitution has the status of a fundamental law. Being a law-making document, the constitution is the highest form of law. And since the entire corpus of constitutional law is not created by the supreme organs of government but by the people for the purpose of forming those organs, the executive and legislative branches of government cannot change constitutional law."
Being the supreme instrument of socio-political development of states, constitutions proclaim their goals, mainly in their preambles.

Thus, the preamble of the U.S. Constitution of 1787 explicitly states: "We the People give the Constitution to carry out our union for the realization of justice, to secure domestic tranquility and safety, to promote the general welfare for the happiness of liberty to ourselves and our posterity..."

The preamble of the German Basic Law of 1949 emphasizes the desire to ensure national and state unity and, as an equal member of a united Europe, to serve the cause of world peace. The principle of protecting human dignity and recognizing the inviolability and inalienability of human rights as the foundation of any democratic society are proclaimed.

The Constitution of the People's Republic of China opens with the words: "China is one of the States with the oldest history..." The preamble to the Constitution notes that the People's Republic of China is a unified multinational State created by the joint efforts of the peoples of the country's various nationalities. Both Great Han chauvinism and local nationalism are rejected.

The preamble to the Constitution of Uzbekistan is imbued with a sense of pride in its history and the cultural and spiritual heritage of its great ancestors, responsibility to future generations, and the interests of the people of Uzbekistan for equality and unity in inter-ethnic and inter-confessional harmony. More than three thousand years of historical experience in the development of our statehood, which is noted in the Constitution, is not accidental - the history of the joint past should be the guarantee of a prosperous and stable future of the united people of Uzbekistan.

In modern constitutions, in addition to political aspects, the principles according to which the State functions play an extremely important role: human rights, democracy, the rule of law and the social State, the separation of powers, the rule of law and the rule of law.

social State, the separation of powers and the limitation of political power.

The new version of the Constitution of Uzbekistan is 65% amended through serious discussions, additions and expert comments.

As a solid and reliable guarantee of our country's long-term development, Uzbekistan is declared a "sovereign, democratic, legal and social state". The state commits itself to strong social protection and care for the needy, guarantees of human rights and freedoms, youth and constitutional rights are strengthened. Additional guarantees of entrepreneurial activity, development of market relations, creation of conditions for fair competition, favorable investment and business climate, limitation of monopolies are created. Broad opportunities and reliable protection for the media and civil society institutions are being established, and State administration is being reformed in terms of its efficiency and compactness.

The updated Constitution of Uzbekistan defines nine major innovations concerning educational policy. These are the right of everyone to education, ensuring the development of a system of continuous education,

including State control over the development of preschool education and upbringing, free general secondary and primary vocational education, and guarantees of higher education at State expense on the basis of selection in State organizations.

It is separately noted that inclusive education is provided for children with special educational needs.

The norms on granting higher education institutions academic freedom, self-governance, freedom of research and teaching, support for non-state educational organizations create an opportunity for the young generation to improve their lives, realize their dreams, find their place in life and develop their personality by mastering modern specialties. And the state's concern for the protection of honor and dignity of teachers, their social and material well-being, and professional growth, qualitatively motivate the work of teachers and scientists.

The Constitution occupies the highest level in the mechanism of legal regulation of the life of the state, its main task is to institutionalize the political order, determining at the same time

rules of political decision-making. And life itself, the ability to professionally solve problems, achieve effective success, will confirm how correct are the provisions and principles enshrined in the updated Constitution of our country, which meet the dreams and aspirations of the people, the interests of today's and future generations.



Alisher Sabirov

Head of the Department of the International Institute of Central Asia, Candidate of Historical Sciences.

📅 22.06.2024