Lessons 1 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
1
The Constitution of the Republic of Uzbekistan as the legal basis of the state
Textbook: pp. 4–7
GoalExplain how the Constitution sets the basic rules between the state and the individual, what the rule of law and limited state power mean, and get a general picture of the 2023 edition of the Constitution.
New words
constitution, the fundamental law with the highest legal force · Konstitutsiyapopular sovereignty, the supreme power belongs to the people · Xalq suverenitetia state whose bodies act strictly within the constitution · Konstitutsiyaviy davlatrule of law, the constitution and laws bind everyone · Qonun ustuvorligi
Explanation
The Constitution is the basic law of the state and has the highest legal force: every other law and decision must be consistent with it. It sets out how state power is organised and, at the same time, limits that power with human rights. The Constitution of Uzbekistan was adopted on 8 December 1992; its new edition was approved in a referendum on 30 April 2023 and describes the state as a sovereign, democratic, legal, social and secular republic. Supreme power belongs to the people (popular sovereignty), while the state carries out domestic and foreign policy on the people’s behalf (state sovereignty). In a constitutional state two rules work side by side: a citizen may do anything the law does not forbid, whereas a state body or official may act only within the powers the law gives it. This is why the Constitution is sometimes compared to a “social contract” between the state and society: it recognises the human being, with his or her life, freedom and dignity, as the highest value.
Worked examples
Two rules: a young entrepreneur may sell in his shop any product the law does not forbid (the rule for citizens). But for an inspector to fine him, the law must give a clear power to do so and the procedure must be followed (the rule for state bodies).
Hierarchy of norms: if a regional khokimiyat decision contradicts a law, or a law contradicts the Constitution, the conflicting part is not applied and its change or repeal can be demanded; this is why the Constitution stands at the top of the ladder of norms.
Class activity
Divide the class into four groups. Each group arranges cards reading “ordinary law”, “presidential decree”, “khokimiyat decision” and “Constitution” on a ladder by legal force and explains the order.
Practice
1
What is the difference between popular sovereignty and state sovereignty?
Popular sovereignty means supreme power belongs to the people; state sovereignty means the state conducts independent domestic and foreign policy on the people’s behalf.
2
Apply the rule “a citizen may do whatever is not forbidden; a state body only what the law provides” to one example.
For example, a citizen may open a bookshop within the law (no prohibition applies), but a tax officer cannot impose a penalty the law does not provide for.
3
How does the 2023 edition describe Uzbekistan as a state?
As a sovereign, democratic, legal, social and secular republic.
4
Why is it important for a citizen that state power is limited by human rights? Explain.
Without limits power could act arbitrarily; by making human rights the highest value, the Constitution ensures that even the state may not violate them.