In a number of countries around the world, members of parliament take an oath of allegiance to the Constitution and the state at the first session after being elected. In Azerbaijan, however, the powers of deputies come into force after the election results are confirmed, and the legislation does not provide for a separate oath-taking ceremony. This is related to the constitutional model and legal traditions of each country.
Speaking to Modern.az on the matter, Alimammad Nuriyev, president of the "Constitution" Research Foundation and chairman of the Public Council under the Ministry of Internal Affairs, stated that the issue of the deputy's oath should first be approached from the perspective of Azerbaijan's constitutional model.
According to him, in Azerbaijan, the legal basis of a deputy's authority is not an oath, but winning the trust of the people in elections.
"I think the answer to this question should be sought in Azerbaijan's constitutional model. The legal basis of a deputy's authority is not an oath, but the trust gained in elections. According to our legislation, deputies are elected through elections. After the results are confirmed in the manner prescribed by law, the deputy gains a constitutional mandate and begins to exercise their powers. In other words, the source of legitimacy is not an oath, but the trust of the voter."
A. Nuriyev noted that in Azerbaijani legislation, the institution of oath is mainly applied in connection with public service.
"The oath is mostly used in admission to public service. There is also a separate norm in the Law "On Public Service" regarding the oath of a public servant. The President also takes an oath. In other words, the source of the President's legitimacy is also the people, and this is reflected in the Constitution. But there is no such norm in the Constitution of Azerbaijan regarding deputies. At the same time, this issue is not provided for in the Internal Regulations of the Milli Majlis. This does not diminish the deputy's obligation to be loyal to the Constitution."
The lawyer emphasized that the deputy's failure to take an oath does not remove their obligation to act in accordance with the Constitution.
"On the contrary, every member of the Milli Majlis is obliged to remain loyal to constitutional laws and statehood. Azerbaijani legislation ensures this issue not through a separate oath, but through constitutional obligations related to the deputy's legal status."
Alimammad Nuriyev stated that there is no single approach in international practice either.
"In some countries, deputies take an oath of allegiance to the Constitution and the state at the first session of parliament. In others, such a procedure does not exist at all. Both models are applied in a democratic governance system. Therefore, the issue is not whether there is an oath or not, but in the constitutional tradition formed by the state and the parliament operating on this basis."
He believes that in the future, the introduction of a symbolic oath-taking ceremony for deputies in Azerbaijan can be discussed.
"This will not change the legal status of the deputy or expand their powers. However, it can provide certain benefits in terms of strengthening the institutional prestige of the parliament, developing statehood traditions, and more clearly expressing the sense of responsibility to society."
The expert added that while such an innovation would not create fundamental legal changes, it could have symbolic significance.
"The main thing is to adhere to the content of the oath. In a legal state, the responsibility of a deputy is measured not by the oath-taking ceremony, but by their activities. The voter evaluates the deputy based on the laws they adopt, the position they take, the decisions they make, and how well they fulfill the trust placed in them. This is what determines the prestige of the parliament."
Deputies should also start their activities with an oath of allegiance to the state and the Constitution
Milli Majlis deputy Zahid Oruc believes that deputies in Azerbaijan taking an oath of allegiance to the state, the Constitution, and the people before starting their activities could be an important step to strengthen the political culture of the parliament.
In a statement to Modern.az, the deputy said that in various governance systems, parliamentarism has formed its own unique political and legal traditions, and the deputy's oath is an important part of these traditions.
According to Zahid Oruc, world practice shows that the deputy's oath is an important political and legal institution that combines the legitimacy of state power, the supremacy of the Constitution, and the trust of the people.
"Therefore, it has become a legal tradition for individuals starting state service to openly declare their loyalty to the people, the state, and the Constitution. In most democratic countries around the world, a deputy's mandate is not completed solely by the election result. After a member of parliament gains the status of a representative of the people, they confirm that trust with a legal and moral obligation. Because the election expresses the will of the people, and the oath is a public declaration that this will will be served conscientiously."
The responsibility of a deputy is greater than that of many individuals holding state office
The deputy noted that heads of state, judges, prosecutors, military personnel, and other high-ranking officials take an oath before starting their duties.
"The responsibility of a deputy is even greater. Because a member of parliament does not only adopt laws. They are the author of decisions that affect the fate of the people, participate in the formation of state policy, defend national interests, and determine the legal environment for future generations. At the beginning of such a mission, an open declaration of allegiance to the Constitution, the state, and the people is an integral part of the logic of democratic statehood."
It is the attitude towards the oath, not the oath itself, that shows political culture
Zahid Oruc stated that there are different approaches in international practice regarding the deputy's oath. However, a constant point for all countries is the parliament's attitude towards this institution.
"International experience regarding the advantages and certain controversial aspects of the deputy's oath is quite rich. However, when comparing the experiences of different countries, one conclusion remains constant – it is the attitude towards the oath, rather than the oath itself, that is one of the main factors determining the political culture of the parliament."
According to him, the oath elevates the principles of statehood above daily political competition.
"Different political views, different programs, and fierce polemics are natural in parliament. However, the common value that unites all deputies should be the independence of the state, the supremacy of the Constitution, and national interests."
The deputy added that in many countries around the world, the deputy's oath is not only considered as the first ceremony, but also becomes a moral measure of subsequent behavioral standards. Society often evaluates a deputy's activities through the prism of how loyal they are to their oath.
He stated that the oath is also a symbol of national solidarity.
"Political forces that are rivals in election campaigns accept the same obligation before the same state at the first session of parliament. This shows society that political competition is a competition of views, not of state interests. The state, however, is a common value that stands above all political positions."
There have also been deputies in Azerbaijan's recent history who harmed the state
Zahid Oruc also recalled that the principle of loyalty to the state was not always protected in Azerbaijan's parliamentary history.
"Looking at the history of parliamentarism in Azerbaijan, we see that the principles of loyalty to the state, protection of national interests, and service to the people were not guided by all parliamentarians. The existence of individuals who, as deputies, harmed laws and the state, are also difficult pages of our recent history."
The deputy's oath is now becoming a political necessity
The deputy stated that after the Victory in the Patriotic War, the Milli Majlis demonstrates its loyalty to the ideals of the Great Leader and the political course of President Ilham Aliyev.
"The laws adopted in parliament affect the lives of millions of people. For a deputy carrying such responsibility, starting their activity with an oath of allegiance to the state, the Constitution, and the people is not only a legal requirement but also an indicator of political culture. For this reason, we have put forward proposals for the introduction of the deputy's oath in previous convocations as well."
Zahid Oruc believes that as Azerbaijan's state institutions develop, the deputy's oath will become an integral part of the legislative system.
"We believe that as our state's institutional traditions deepen, the introduction of the institution of the deputy's oath into our country's legislative life will become an important political necessity."
It should be noted that there is no single model in the world regarding the procedure for deputies taking an oath. In some countries, members of parliament take an oath of allegiance to the Constitution, the state, or the monarch before starting their duties. In other countries, a deputy's mandate comes into force with the confirmation of election results, and a separate oath-taking ceremony is not provided for.
For example, in the United Kingdom, members of the House of Commons and the House of Lords must take an oath of allegiance to the monarch or make a formal affirmation instead before taking their seats in parliament. A deputy who does not take an oath does not acquire the right to participate in or speak at parliamentary sessions, vote, or receive a salary.
A similar rule applies in Australia. According to the requirements of the Constitution, members of the federal parliament must take an oath of allegiance to the monarch or make a formal affirmation before starting their activities.
In Canada, the oath-taking of members of parliament is directly regulated by the Constitution Act. Senators and members of the House of Commons take the oath of allegiance prescribed by law before starting their activities in parliament.
In Belgium, deputies take an oath to "obey the Constitution." This requirement applies to regional parliaments as well as the federal parliament.
Conversely, in some countries, the legitimacy of a deputy is mainly formed by the legal confirmation of election results, and a separate oath-taking procedure is not considered a decisive element. Experts in constitutional law also note that both models are widely applied from the perspective of democratic governance. The main issue is not which procedure the deputy goes through, but that they act in accordance with the Constitution and laws, and bear political and legal responsibility before the voter.
