M. Salikhov
President of the Constitutional Court
of the Republic of Tajikistan

The formation and development of the Constitutional justice in the Republic of Tajikistan

Summary

In accordance with the Constitution, adopted on 6 November 1994, the Constitutional Court of the Republic of Uzbekistan was founded in November 1995. It has a special place in the system of state power organs and was called to provide the supremacy of the Constitution, as well as the protection citizens' constitutional rights and freedoms. The scope of powers of the Constitutional Court of Tajikistan is rather wide, they are: definition of the conformity of laws, legal acts, adopted by the organs of three branches of state power with the Basic Law of the Republic; right of legislative initiative, as well as number of other powers, prescribed by the Constitution and laws of the Republic, including the right to consider questions by own initiative within its competence.

The scope of subjects, entitled to submit issues to consider before the Constitutional Court, is determined by the Law on the Constitutional Court of the Republic of Tajikistan. The author especially notes that such right allocates also the citizens on infringement of their constitutional rights and freedoms.

As a comparably young organ of constitutional control, the Constitutional Court of the Republic of Tajikistan comes across the number of problems needed to be solved, from which it should pay attention to absence of the Constitutional Court's right to official interpretation of the Basic Law of the Republic, as well as very short term of office of judges, which results in weakening of the guarantee of their independence. Besides, the Members of the Constitutional Court suppose expedient more enlargement of powers' scope of this high state organ of constitutional justice.