Discussions on constitutional changes in Azerbaijan have become relevant again. Increasing the powers of the parliament, the future of local executive authorities, changes in the electoral system, and constitutional guarantees of digital rights are among the issues most discussed in society recently.
Modern.az reports that Alimammad Nuriyev, head of the Constitutional Research Foundation and a lawyer, states that, in general, constitutional changes should always be approached carefully and with caution.
“The Constitution is not an ordinary legal document. It is a passport that shows the legal identity of the state. The Constitution reflects a vision for the future. Last year, 2025 was the “Year of Constitution and Sovereignty”. Last year we celebrated the 30th anniversary of the Constitution, and what successes we have achieved during this period, these issues were widely discussed. I was one of the participants in the discussions and considered it necessary to make additional changes to the Constitution. From time to time, many of our deputies brought up the issue of making constitutional changes, and even adopting a new Constitution. In his last interview, many proposals were voiced around these issues. I think, first of all, we should agree on one point: the Constitution is neither a sacred, inviolable text, nor a political document that should be changed frequently. Let's not forget this absolutely. That is, it is possible to make changes to the Constitution, it is not an inviolable text, but at the same time, frequent changes can lower constitutional values. Of course, the Constitution must keep pace with the development of society. If life, social relations, governance models, and citizen-state relations change, the Constitution must also respond to these changes at a certain stage. The Constitution must both respond to changes in existing social relations and play a compass role in the formation of new social relations.”
Our interlocutor notes that today's Azerbaijan is, of course, not the Azerbaijan of 1995. “We are now a state that has restored its territorial integrity and sovereignty. A completely new governance and development model is being formed in Karabakh and Eastern Zangezur. Digitalization in public administration is expanding further, and artificial intelligence is becoming one of the main tools. There are also new security challenges in governance itself. There are also sharp changes in the content of citizen-state relations. We are moving from functional statehood to the concept of a service state. The adoption of the Law “On State-Citizen” by the Milli Majlis these days also shows this. Many institutional changes had occurred before this. ASAN Service, DOST, and others. Digital rights are emerging. Inevitably, these make the discussion of constitutional changes relevant. It brings up the issue of changes to the Constitution or the adoption of a new Constitution.”
E. Nuriyev believes that at the current stage, the main question is not “Is a new Constitution needed?”: “Now the main question is “To what extent does the existing Constitution cover the new tasks facing the state and society?” Of course, there are certain issues discussed here. For example, the institution of the President's authorized special representation has been created. This institution arose from the necessity of the post-war period and is currently proving itself very well in practice. The restoration and reconstruction processes carried out in Karabakh and Eastern Zangezur also create a need for flexible and combined governance mechanisms. As a lawyer, I believe that the legal status, boundaries of authority, and accountability mechanisms of every institution that plays an important role in public administration must be precisely defined.
The second important direction is the issue of local government. This issue has also been discussed from time to time. To be frank, discussions about the future of local government in the country have been going on for many years. I would even say that these discussions started when the 1995 Constitution was adopted and became even more relevant after some time passed since the first municipal elections, i.e., 1999. Municipalities exist, but numerous questions remain regarding their financial and institutional capabilities. I think that in the future, certain discussions in this area are inevitable for a more efficient organization of public administration, and it is necessary to make changes in this direction. I think that we should have a new approach to the philosophy of local government in general. My personal conviction is that local executive authority structures should be abolished. Because these institutions did not prove themselves and are a remnant of the communist legacy. It is clear that during the past period, there has been social degradation in this institution and at the same time, it does not meet existing requirements. Therefore, it would be better if all powers at the local level were given to municipalities. The status of municipalities should change, and the issue of their transformation into a semi-state status should be brought up. The Turkish or French model can be used. We need to raise central administration to the regional administration level. Here there can be provinces or districts. In fact, economic zoning itself has created serious economic foundations for regional administration. There are 14 economic regions, and it is possible to build such a model on them. This will be both a flexible form of administration and it will be possible to implement the authorized administration model in the form of a provincial administration model. I believe that this is effective and can also lead to savings in state funds. At the same time, it will be possible to ensure flexible, high-level, and operational administration.”
E. Nuriyev believes that the parliament should have an investigative function, and its oversight function should be strengthened. “The numerical composition of the parliament also needs to be reviewed. A more optimal number should be determined again. Because there are countries with populations similar to Azerbaijan where parliamentary representation is higher. That is, the number of deputies can be increased from 125 to 150 or 175.”
According to the lawyer, the Cabinet of Ministers should be abolished: “The presidential form of government excludes the existence of the Cabinet of Ministers from the classical model perspective. At the same time, there is the institution of vice-president. The institution of the First Vice-President has also proven itself as a very successful institution, and I believe that there is no longer a special need for the Cabinet of Ministers. It would be more appropriate to abolish the Cabinet of Ministers and transfer all functions to the First Vice-President and other vice-presidents, and this would generally make the governance process more flexible and could accelerate the decision-making process. All this necessitates a referendum.
I do not consider the transition to a parliamentary republic necessary for the current stage. This can be considered in the future. But at the current stage, I believe that the presidential republic model is the main symbol of successful development. Taking into account Azerbaijan's geopolitical location, the processes in the region, and security realities, I advocate for an extremely responsible approach to this issue and believe that the current presidential republic model is the most successful in terms of governing Azerbaijan.”
