Download the Speeches of all Hon'ble Chief Justices & Judges in ...

More documents

Recommendations

Info

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Bahman GaribovJudge, Constitutional Court of Azerbaijan[English translation of the speech delivered in Russian]EFFECTIVE INTERNATIONAL LAW And DECISIONS of the CONSTITUTIONAL COURTThe modern world is experiencing a cardinal transformation. Globalization has becomemore confident and a kernel of developments in the twenty-first century.On the basis of a principle of sovereignty of the state, it was considered till recently thatall spheres of the states mutual relations with people are basically an internal question,adjustable at the national level. Today, in the modern world, the state sovereignty isalready not considered absolute. It is limited as from the outside by virtue of actualinterdependence of the countries and people that finds legal expression in submission ofthe states to international law and occurrence of the international organizations with superiorpowers, and from within the sovereignty of the state even in its own territory is limited byinalienable laws and personal freedoms, protecting which is the responsibility of the state.Hon’ble Mr Justice Bahman Garibov,Judge, Constitutional Court ofAzerbaijan addressing the ConferenceActually there is an interrelation between democracy and a lawful state. Democracy is indissolubly connected with a lawfulstate which usually associates with an imperative of respect of the rights both within the state under national law and outsidein the international community, of international law.It is necessary to note that the role of international law increases more and more as it is expressed, first, to detaileddevelopment and a concrete definition of the international principles and the norms adjusting fundamental laws and freedomof the person which should be observed by the states, secondly, in creation of the international bodies under the control ofthe states undertaken as obligation by them.The role of judicial authority in implementation of norms and principles of international law cannot be underestimated.Courts of highest authorities apply norms of international law in particular positions of contracts and customs, at regulationof the internal law and order. The judiciary practice to render positive influence on performance of obligations fixed by theinternational contracts. Application of the conventional principles and norms international the right in the Azerbaijan Republic,in particular in practice of the constitutional justice, gets intensive character.We now have an active process of coordination of positions of interstate norms with requirements of corresponding normsof international law. This process is promoted by the maintenance of the Constitution, especially its parts of second clause12 according to which the general is carried out in the legal system recognized by Azerbaijan for herself as obligatory is theinternational-rules of law.Rapproachement or its maintenance is marked not by curbing the rights and freedom ofsome person, as realizations of the recognized and guaranteed rights and freedom of theperson and citizen according to the conventional principles and norms of internationallaw and according to the Constitution of the Azerbaijan Republic.Hon’ble Mr Justice Bahman Garibov,Judge, Constitutional Court of Azerbaijanbeing greeted at the ConferenceAccording to clause 151 of the Constitution of the Azerbaijan Republic, an occurrenceof contradictions between the normative legal certificates entering into system of thelegislation of the Azerbaijan Republic (excepting the Constitution of the Azerbaijan Republicand the certificates accepted by a referendum) and by interstate contracts where aparticipant is the Azerbaijan Republic, are applied international law. Thus other norm of--72--
the Constitution establishes (÷ II. item 148) that international treaties where the AzerbaijanRepublic is participant, become integral component of system of our legislation.In this connection it is necessary to note, that the Constitutional Court of the AzerbaijanRepublic, courts of the general jurisdiction and others international bodies are based inthe activity on positions of the constitution according to which the person, its rights andfreedom are the maximum value.Hon’ble Mr Justice Bahman Garibov,Judge, Constitutional Court ofAzerbaijan receiving the ConferenceMementoexisting in this or that area.In decisions the Constitutional Court leans on the conventional principles and norms ofinternational law and international conventions that finally leads to the constitutional senseof norm comes to light. The court is fixed as though by international legal standardsInternational norms and also the European sources of the right are used by the Constitutional Court as a necessary elementfor substantiations of the conclusions on affairs which are being considered.If we analyze decisions of the Constitutional Court for their use of international norms, it will be found that practically all itsdecisions stand on these documents, especially if it concerns questions of maintenance of the property right, criminal, civillegal proceedings, the customs, tax, labour legislation.As is known the Azerbaijan Republic ratified the European Convention on protection of human rights and basic freedom.It is the convention admits us as a source of the right, the decision of the European Court under human rights as a source ofinterpretation of the right.We apply such general principles of the right as harmony or proportionality of possiblerestriction of fundamental laws, legal definiteness and validity. The decisions of theEuropean Court for groups of homogeneous affairs, shows that the Constitutional Courtof Azerbaijan in its decisions carries an embodiment of the European approach.It is necessary to note, that now there is a strengthening interactions of different legalsystems. And they are expression of their sovereignty and originality. I believe that it willbe the right thing for the twenty-first century to combine preservation of national legaltraditions and simultaneously with development of uniform international standards.Hon’ble Mr Justice Bahman Garibov,Judge, Constitutional Court of Azerbaijanaddressing the Press Conference with thehelp of an interpreterA catastrophe may intervene and interrupt or destroy what is being done, but eventhen the final result is sure. For, in any case, the unifications is a necessity in thecourse of Nature, an inevitable movement and its achievement can be safely foretold.Its necessity for the nations also is clear, for without it the freedom of smallnations can never be safe hereafter and even large and powerful nations cannotreally be secure.—Sri Aurobindo--73--
Page 1 and 2:
SPEECHESbyHON'BLE CHIEF JUSTICES, J
Page 3 and 4:
Participants of the Conference bein
Page 5 and 6:
Dr S.C. Rai, Mayor of Lucknow withM
Page 7 and 8:
5th International Conference of Chi
Page 9 and 10:
Mr. Gandhi presenting Memento of th
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
gone wrong with him that he was thi
Page 17 and 18:
Page 19 and 20:
5 th International Conference of Ch
Page 21 and 22: Hon’ble Mr Justice Leonard EzraUn
Page 23 and 24: 5 th International Conference of Ch
Page 25 and 26: 5th International Conference of Chi
Page 39 and 40: a part of society by being given go
Page 41 and 42: As we have advanced that the US did
Page 43 and 44: Hon’ble Mr Justice A.K. Mathur, J
Page 47 and 48: Hon’ble Dr. Justice Armando Berme
Page 49 and 50: Hon’ble Madam Justice Sophia Akuf
Page 53 and 54: world’s problems can no longer be
Page 55 and 56: Hon’ble Mr Justice K. P. Matadeen
Page 65 and 66: coherent international system of le
Page 69 and 70: Some arrangements directed to impro
Page 71: 5th International Conference of Chi
Page 75 and 76: Hon’ble Mr Justice Arsene K Capo-
Page 79 and 80: Hon’ble Mr Abdullah Bin MohamedAl
Page 81 and 82: subjugation”.It is the question w
Page 85 and 86: 4. China has 450nuclear bombs with
Page 87 and 88: significant for the purpose of inte
Page 89 and 90: edressal of their grievances. There
Page 91 and 92: egarded as an idea, but without the
Page 95 and 96: of the UN University said, security
show all

Download the Speeches of all Hon'ble Chief Justices & Judges in ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?