Under the Constitution, adopted by a referendum on November 12, 1995, the separation of power is the principle upon which the state is structured. Article 7 of the Constitution specifies that the government be made up of the legislative, executive and judiciary branches, which operate interactively in accordance with constitutional requirements and independently within the context of their respective powers.
The separation of power is the principle upon which the Azerbaijani state is structured The Constitution consists of five Sections, 12 Chapters and 158 Articles. It defines Azerbaijan as a “democratic, just, secular, unitary republic,” anchored in a presidential system and committed to a market economy.
According to the Constitution, the State’s highest goal is to ensure the fundamental rights and freedoms of its citizens, whereby it is expressly emphasized that the human and civil rights set forth in the Constitution be applied in accordance with international conventions. Amendments to the Constitution require ratification by referendum. Under the Constitution executive power is exercised by the President of the Republic, while legislative power is wielded by the Milli Majlis (Parliament) and judicial power by the independent courts of the judiciary.
The Constitution establishes a presidential system. The President is elected for a five-year term and may be reelected. As head of state, the President represents the country in both internal and external matters. The President embodies the unity of the Azerbaijani people and guards the nation’s heritage. He ensures the nation’s independence, territorial integrity and compliance with the international agreements to which Azerbaijan is a party as well as the independence of the Judiciary.
The President is elected by the people for a term of five years in a direct, free, general, equal and secret election Cabinet of Ministers: Since the President is the head of the executive branch, the Cabinet of Ministers is constituted to exercise executive powers. The Cabinet of Ministers is the President’s highest executive organ and reports to him. The Cabinet of Ministers includes the Prime Minister and his Deputies, Ministers and the heads of other central executive organs such as the state committees. The Prime Minister is appointed by the President with the consent of the Milli Majlis.
The legislative body of the Republic of Azerbaijan is the National Assembly (Milli Məclis), a unicameral parliament whose 125 deputies are elected by direct election for a term of five years (citizens are eligible to vote at 18 and to run for National Assembly at 25). The most recent elections for Milli Majlis were held in 2010. In addition to the Milli Majlis, the President, Attorney General, Supreme Court and the Ali Majlis of the Nakhchivan Autonomous Republic may also initiate legislation. The President also submits the state budget to Parliament for approval.
The judicial power in Azerbaijan is implemented through the Constitutional Court, Supreme Court, Courts of Appeal, as well as ordinary and specialized law courts.
The judicial power is exercised by ways of constitutional, civil and criminal legal proceedings and other forms of legislation provided for by law.
Judges are independent and immune from prosecution, and they cannot be replaced during their term of office. The judges of the Supreme Court, the Court of Arbitration, the Court of Appeal, and the Supreme Court of the Nakhchivan Autonomous Republic are appointed for 10 years and other judges for 5 years only.