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CONSTITUTION IS THE MOST IMPORTANT FACTOR OF A STATE'S STABILITY
http://artsakhtert.com/eng/index.php?option=com_content&view=article&id=873:c onstitution-is-the-most-important-factor-of-a-states-stability&catid=3:all&Itemid=4
Tuesday, 11 December 2012 16:34
Six years ago, on December 10, 2006, the Artsakh people adopted the
Constitution of the Nagorno Karabakh Republic at a nationwide
referendum. This day can be rightfully called historic, because it
marked a new stage in the process of building the independent
statehood of Nagorno Karabakh. The adoption of the NKR Constitution
was really the most important event in the public-political life of
the Republic, which confirmed the will and determination of the
Karabakh people to continue the process of state-building based on the
fundamental human rights and freedoms.
Fairly considering the NKR Constitution as the apotheosis of the
legislative process, as just the Basic Law is the foundation of a
constitutional state's legislation, ensuring the constitutionality of
all laws and regulating the citizens' relations between the state and
themselves, yet we should note that its adoption was preceded by a
difficult and no less important way in 15 years. These fifteen years
comprised the September 2, 1991 proclamation of the Nagorno-Karabakh
Republic, the referendum on the NKR independence held on December 10
of the same year, the January 6, 1992 adoption of the Declaration on
the State Independence of the Republic by its Supreme Council, the
state-building process in the conditions of Azerbaijan's armed
aggression and the post-war rehabilitation of the Republic under the
continuing threat of the Azerbaijani authorities to unleash a new war.
Though the Constitution was adopted exactly 15 years after the
referendum on the NKR independence, it is important to note that the
Republic could not and did not want to live in a legal vacuum. Just
due to this, a legislative basis was consistently created, allowing to
regulate the relations actually in all the spheres of the
public-political life. It also included a package of adopted-in-1994
constitutional laws on the President, the Parliament, and the
Government, regulating the operation of the most important state
institutions. In other words, actually from the first days of its
state independence, the NKR people convincingly confirmed its
commitment to law and democratic values, basing the legislation of
the Republic on the universally recognized norms and principles of
international law. And it doesn't matter that at the initial stage,
given the lack of proper experience of state-building, not all the
laws of the NKR were perfect. More important is the desire of the
Karabakh people to live by the laws of a civilized society and to
build their independent statehood in accordance with the democratic
principles and norms. It isn't accidental that the two declarations -
on the proclamation of the NKR and on the state independence of the
Republic - later formed the basis of the current Constitution, which
proclaimed the fundamental rights and freedoms as the inalienable and
highest values, as the foundation of freedom, justice, and peace.
A Constitution, protecting the rights and freedoms of citizens and
regulating public relations, is the most important factor of a state's
stability. We can say that our Constitution is effective, because it
practically guarantees the realization of one of its most important
provisions - to ensure the direct participation of the people in the
state management through different-level elections: presidential,
parliamentary, and municipal. Surely, the conduct of nationwide
transparent and alternative elections is, first of all, important for
the formation of legitimate power and management bodies as the most
important factor for the domestic stability and consistent
democratization of the public-political life of the Republic, but not
only for this.
In the context of the Karabakh conflict settlement, the NKR commitment
to universal democratic norms also gains foreign-policy significance
and perception; it becomes a strong argument for Nagorno Karabakh in
defending its right to the international recognition of its
independence. The recent events related to the support of the NKR
independence by the Parliaments of the U.S. states of Rhode Island and
Massachusetts, as well as the Australian state of New South Wales,
which grounded their position with the commitment of Nagorno Karabakh
to democratic principles are an eloquent proof of this. In this
regard, I would like to quote U.S. Congressman Brad Sherman who has
recently declared for the necessity of recognizing the NKR
independence: "I believe that Nagorno Karabakh is an independent
state, and that's all. Nagorno Karabakh is a state, because that is
what its people strongly wish'.
Yes, the NKR people really seek the international recognition of their
Republic. However, the creation of the legislative basis, including
the Constitution, which provides the fundamental rights and duties of
the state and its citizens, is a necessary, but not sufficient
condition for achieving the international recognition. The respect for
law and an individual, for the democratic norms and principles
declared by the Constitution is extremely important. In this case, the
chance to join the community of civilized states will increase, and,
therefore, the prospects of international recognition of the NKR
independent statehood will approach.
Leonid MARTIROSSIAN
Editor-in-Chief of Azat Artsakh newspaper
From: A. Papazian
http://artsakhtert.com/eng/index.php?option=com_content&view=article&id=873:c onstitution-is-the-most-important-factor-of-a-states-stability&catid=3:all&Itemid=4
Tuesday, 11 December 2012 16:34
Six years ago, on December 10, 2006, the Artsakh people adopted the
Constitution of the Nagorno Karabakh Republic at a nationwide
referendum. This day can be rightfully called historic, because it
marked a new stage in the process of building the independent
statehood of Nagorno Karabakh. The adoption of the NKR Constitution
was really the most important event in the public-political life of
the Republic, which confirmed the will and determination of the
Karabakh people to continue the process of state-building based on the
fundamental human rights and freedoms.
Fairly considering the NKR Constitution as the apotheosis of the
legislative process, as just the Basic Law is the foundation of a
constitutional state's legislation, ensuring the constitutionality of
all laws and regulating the citizens' relations between the state and
themselves, yet we should note that its adoption was preceded by a
difficult and no less important way in 15 years. These fifteen years
comprised the September 2, 1991 proclamation of the Nagorno-Karabakh
Republic, the referendum on the NKR independence held on December 10
of the same year, the January 6, 1992 adoption of the Declaration on
the State Independence of the Republic by its Supreme Council, the
state-building process in the conditions of Azerbaijan's armed
aggression and the post-war rehabilitation of the Republic under the
continuing threat of the Azerbaijani authorities to unleash a new war.
Though the Constitution was adopted exactly 15 years after the
referendum on the NKR independence, it is important to note that the
Republic could not and did not want to live in a legal vacuum. Just
due to this, a legislative basis was consistently created, allowing to
regulate the relations actually in all the spheres of the
public-political life. It also included a package of adopted-in-1994
constitutional laws on the President, the Parliament, and the
Government, regulating the operation of the most important state
institutions. In other words, actually from the first days of its
state independence, the NKR people convincingly confirmed its
commitment to law and democratic values, basing the legislation of
the Republic on the universally recognized norms and principles of
international law. And it doesn't matter that at the initial stage,
given the lack of proper experience of state-building, not all the
laws of the NKR were perfect. More important is the desire of the
Karabakh people to live by the laws of a civilized society and to
build their independent statehood in accordance with the democratic
principles and norms. It isn't accidental that the two declarations -
on the proclamation of the NKR and on the state independence of the
Republic - later formed the basis of the current Constitution, which
proclaimed the fundamental rights and freedoms as the inalienable and
highest values, as the foundation of freedom, justice, and peace.
A Constitution, protecting the rights and freedoms of citizens and
regulating public relations, is the most important factor of a state's
stability. We can say that our Constitution is effective, because it
practically guarantees the realization of one of its most important
provisions - to ensure the direct participation of the people in the
state management through different-level elections: presidential,
parliamentary, and municipal. Surely, the conduct of nationwide
transparent and alternative elections is, first of all, important for
the formation of legitimate power and management bodies as the most
important factor for the domestic stability and consistent
democratization of the public-political life of the Republic, but not
only for this.
In the context of the Karabakh conflict settlement, the NKR commitment
to universal democratic norms also gains foreign-policy significance
and perception; it becomes a strong argument for Nagorno Karabakh in
defending its right to the international recognition of its
independence. The recent events related to the support of the NKR
independence by the Parliaments of the U.S. states of Rhode Island and
Massachusetts, as well as the Australian state of New South Wales,
which grounded their position with the commitment of Nagorno Karabakh
to democratic principles are an eloquent proof of this. In this
regard, I would like to quote U.S. Congressman Brad Sherman who has
recently declared for the necessity of recognizing the NKR
independence: "I believe that Nagorno Karabakh is an independent
state, and that's all. Nagorno Karabakh is a state, because that is
what its people strongly wish'.
Yes, the NKR people really seek the international recognition of their
Republic. However, the creation of the legislative basis, including
the Constitution, which provides the fundamental rights and duties of
the state and its citizens, is a necessary, but not sufficient
condition for achieving the international recognition. The respect for
law and an individual, for the democratic norms and principles
declared by the Constitution is extremely important. In this case, the
chance to join the community of civilized states will increase, and,
therefore, the prospects of international recognition of the NKR
independent statehood will approach.
Leonid MARTIROSSIAN
Editor-in-Chief of Azat Artsakh newspaper
From: A. Papazian