Lessons 26 · 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
26
Practical lesson. A Constitutional Court hearing
Textbook: pp. 150–153
GoalKnow the Constitutional Court’s powers and the stages of a hearing; justify an act’s conformity with the Constitution in an imaginary case.
New words
constitutional control · konstitutsiyaviy nazoratconformity with the Constitution · Konstitutsiyaga muvofiqlikspeaker (rapporteur) · ma’ruzachidecision · qaror
Explanation
The Constitutional Court is the supreme court body of constitutional control. It determines whether laws, resolutions of the chambers of the Oliy Majlis, presidential decrees and resolutions, resolutions of the government, and international treaties conform to the Constitution; it interprets norms of the Constitution and laws. Under the law citizens may also apply to the Constitutional Court when their rights are violated (the procedure is set by law). An act found to contradict the Constitution loses force. The Court’s decisions are final, cannot be appealed and enter into force on the day of official publication. Stages of a hearing: preparation (arranging the room), opening the hearing and announcing the question, speeches of parties and rapporteurs, discussion, decision (by majority vote) and summing up. Judges rely on the norms of the Constitution in reaching a decision.
Worked examples
If a khokim issues a decision that “nobody may leave the district without permission”, it contradicts freedom of movement; the Constitutional Court (or another competent body) could find such an act unconstitutional.
If pupils in a session split into groups, one defending a decision and the other showing it conflicts with a specific norm of the Constitution – this is a model of constitutional debate.
Class activity
“Court session”: the class splits into five judge-groups, a chair and rapporteurs. Imaginary act: “a khokim’s requirement of permission to leave the district” – groups vote relying on constitutional norms.
Practice
1
What does the Constitutional Court determine?
The conformity of laws and other acts with the Constitution.
2
What force does a Constitutional Court decision have?
Final, not subject to appeal; takes effect on the day of publication.
3
Imaginary case: a khokim banned citizens from holding any gatherings at all. Which right does this contradict?
The freedom of assembly and peaceful association: such rights may be limited only as the law provides and for security reasons.
4
Why is it important that rapporteurs present views from all sides at a Constitutional Court hearing?
Because the decision is made impartially taking more evidence and viewpoints into account.