Lessons 17 · 1 lessons · G. M. Tansikbayeva, V. A. Kostetskiy. Konstitutsiyaviy huquq asoslari (Basics of constitutional law), Grade 9, general editor A. X. Saidov, revised and expanded 8th edition. “Sharq” publishing house, Tashkent, 2019
17
Organisation of state power in the Republic of Uzbekistan
Textbook: pp. 105–108
GoalExplain how state power is organised, the branches of power and the ways they restrain one another.
New words
power (authority) · hokimiyatlegislative power · qonun chiqaruvchi hokimiyatexecutive power · ijro etuvchi hokimiyatjudicial power · sud hokimiyati
Explanation
Power (authority) is the ability to influence people’s conduct and have decisions carried out; in a democratic state it relies on law and serves the people’s interest. According to the Constitution the people are the only source of state power; no person, group or organisation may take state power for itself. On the principle of separation of powers, state power is divided into three branches: legislative (the Oliy Majlis), executive (the Cabinet of Ministers and local executive bodies) and judicial (the courts). The President is the head of state and ensures the coordinated work of state bodies. The branches restrain each other: the Oliy Majlis passes laws and approves the budget, the President signs a law or returns it with objections, the Constitutional Court checks the conformity of acts with the Constitution, and the courts are independent and subject only to the law.
Worked examples
If the President returns a law passed by the Oliy Majlis with objections, the law is reconsidered: this is a means of mutual restraint between the legislature and the head of state.
If a Cabinet resolution is found to contradict the Constitution, the Constitutional Court establishes that it does not apply – the judicial branch limits the executive.
Class activity
“Three keys”: pupils work with three coloured cards (law, executive, court). The teacher reads a situation; the class shows which branch it belongs to and finds the restraining mechanism.
Practice
1
Into which branches is state power divided and which bodies exercise them?
Legislative – the Oliy Majlis; executive – the Cabinet and local executive bodies; judicial – the courts.
2
What place does the President hold in the system of state power?
The head of state; ensures the coordinated work and cooperation of state bodies.
3
Give two examples of one branch restraining another.
The President returning a law with objections; the Constitutional Court finding an act unconstitutional; the Oliy Majlis approving the budget.
4
Why is it contrary to democracy for one person or group to take power for itself?
Because power comes from the people; taking it over removes oversight and increases the risk of abuse and violations of rights.