G. Gajiev
President of the Constitutional Court
of the Republic of Azerbaijan

The inflation of the Constitutional Court to the development of the
legislation of the Republic of Azerbaijan

Summary

Enumerating the fundamental authorities of the Constitutional Court of the Republic of Azebaijan, prescribed in Article 130 of the Constitution of the Republic of Azebaijan, the author notices, that a wide range of normative-legal acts enter into the sphere of constitutional control, but in the same time the number of subjects, entitled to appeal to the Constitutional Court, is extremely restricted.

The Constitutional Court uses its authorities for the liquidation of lacunas in the legislation and the innovation of legal institutions on the base of the democratic values, provided by the Constitution.

The issues, considered before the Constitutional Court, were norms of the different branches of power. While determining the conformity of normative-legal acts with the Constitution, the search of objective decision were connected with the study of concrete real condition of social relations, problems, with which the law-implementers came across; with the following to the principle of the separation of powers, as a base of the constitutional system; with the desire to regulate the question through the provision of the supremacy of the Constitution, in the aim of the protection of citizens' rights and freedoms.

At the end of its report the author concludes, that the Constitutional Court considering the range of appeals of relevant organs on the interpretation of deferent normative acts, makes an significant influence on the development of the legislation, and the Constitutional Court itself acts as a creator of law to some extent. On fact the Constitutional Court creates a constitutional-legal doctrine by its decisions.