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The concept, essence and features of the Constitution.
The constitution is derived from the Latin word "constitution", which means "to establish". The reason for its derivation from Latin is that during the time of the ancient Roman Empire, the head of state - the emperor - adopted normative documents of the same name and equal to the law. The modern concept of "Constitution" is recognized by the US Constitution, which appeared in the late eighteenth century and was adopted in 1787 as the first constitution in the world. The constitution has so far been defined by many theorists.
The Constitution is the basic law of the state, which contains the legal norms of fundamental importance and determines the norms of exercise of state power, which reflects the structure of the state, the legal system and, most importantly, the relationship between the state and the population. is a legal document.
In interpreting the constitution, most constitutionalists derive from its essence. There are different approaches to the essence of the Constitution:
First, constitutions are adopted in a society in which the social system of these societies undergoes a revolutionary change and the Constitution maintains political balance when the representatives of one social group in power are replaced by another social group (e.g., the king). when power is limited and the position of parliament increases).
Second, the constitutions often reflect the interests of political forces that had a great influence on the state power at the time of their adoption (for example, the victory over fascism in the French Constitution of 1946 against nationalism in the political arena). increased influence of forces and actions).
In most foreign countries, this main source is called the "Constitution", while in some countries the Constitutions have their own names. For example, in Germany it is called the "Basic Law", in Colombia it is called the "Political Constitution", in Monaco it is called the "Constitutional Order"..
Third, Constitutions are only adopted in real life in societies where the people have state power. Such societies are often recognized as democratic societies.
Fourth, the Constitution is a conditional document that defines a certain limit of the state in the exercise of its power, arising from the relationship between the state and its citizens. If the state guarantees the exercise of the rights and freedoms of citizens, citizens, in turn, must fulfill their duties to the state.
The essence of modern Constitutions is expressed in the strengthening of universal, legal values and all-democratic foundations. They promote living in a state where everyone can be an equal citizen. Based on the above, we can say that the current Constitution of the Republic of Uzbekistan, in essence, as a constitution for building a democratic state governed by the rule of law, is an expression of the will of the people of Uzbekistan. It is aimed at strengthening the foundations of the life of the state and society, which recognizes the freedoms as the highest value1 [3]
During its development, world constitutionalism has been influenced by many socio-political realities in history. Therefore, the Constitutions adopted by many countries at different times, depending on the size of the norms and regulated social relations, as well as the requirements of the period in which the Constitutions were adopted, can be divided into different stages of development. Of course, the Constitutions have been enriched and improved over the years. At present, in most literatures the stages of development of the Constitutions are studied in four parts.
The first phase lasted from the end of the 1791th century to the beginning of the 1814th century. In addition to the US Constitution, the constitutions of Poland and France in 1831, Norway in 1868, Belgium in 1974, Luxembourg in XNUMX, and Switzerland in XNUMX are examples. The Constitutions adopted at this stage were limited to the exercise of state power, the regulation of the activities and relations of state bodies. Little attention was paid to the rights and freedoms of citizens, and only some natural rights were recognized. This, of course, was a great achievement for that period.
The Constitutions of the second stage adopted the Constitutions of the former Soviet Union, adopted between the two world wars, and the Constitutions of the East based on traditional Muslim law in countries such as Turkey, Iran, and Egypt. By this time, the social rights and freedoms of citizens were strengthened at the constitutional level. The Constitutions also reflected elements of public administration and the strengthening of the executive branch, which had become more complex by this time.
The third stage lasted from the Second World War until the 80s, when it became a period of true constitutionalism. Because it was during these years that many countries appeared on the world map, which led to the adoption of several dozen Constitutions. Constitutions have also been re-adopted in some countries (eg, Germany, Japan, Italy and France) as the world has entered a new phase of development. The peculiarities of the Constitutions of this stage: for the first time the activity of political parties was comprehensively strengthened in the Constitutions, the constitutional foundations of the economy and many other new legal institutions were created. Human rights have come to the fore.
The fourth stage is the modern Constitutions, which are based on the idea that everything is for man, and the human factor is recognized as superior to everything. Also, the growing global environmental problems have been resolved at the constitutional level. In particular, the Constitution of the Republic of Uzbekistan belongs to the category of Constitutions of this period.
The Republic of Uzbekistan also has its own history of constitutional development, and we can conditionally study these periods in three parts.
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1. The first Constitution in the history of Uzbekistan is the Constitution of the Turkestan ASSR, adopted in 1918. This Constitution is an example of the Constitutions of the first period, including the Constitutions of the USSR (Bukhara People's Soviet Republic) and the USSR (Khorezm People's Soviet Republic).
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2.
You know, in the history of France, the Constitution has been adopted 17 times, the last of which is the Constitution of 1958.
Constitutions of the Uzbek SSR (1924, 1927, 1937), formed after the national demarcation in 1978.
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3. The Constitution of the independent Republic of Uzbekistan of December 1992, 8, which is our main encyclopedia.
The Constitution, as the most important document, has the following legal features:
- The Constitution is the basic law of the state. In any democracy, the Constitution is sacred and must be obeyed. Ensuring the rule of law in society is tantamount to maintaining the status of the Constitution as a fundamental law.
- The Constitution has the highest legal force. Regardless of the state, it will have its own national legal system. The legislative system, on the other hand, must be based on a legal basis, and the Constitution plays the role of that basis. Every law and by-laws must be based on the Constitution.
The primary recognition of the importance of social relations and regulatory norms regulated by the Constitution also requires a special legal protection mechanism to verify the constitutionality of other normative acts.
— The Constitution has its own object. There are relations in society that need to be regulated only at the level of the Constitution. For example, the principles of exercising state power, determining the form of government and structure of the state, strengthening the status of higher state bodies.