Politics of Uzbekistan - 1992 Constitution

1992 Constitution

From the beginning of his presidency, Karimov remained nominally committed to instituting democratic reforms. A new constitution was adopted by the legislature in December 1992. Officially it created a separation of powers among a strong presidency, the Oliy Majlis, and the judiciary. In practice, however, these changes have been largely cosmetic. Although the language of the new constitution includes many democratic features, it can be superseded by executive decrees and legislation, and often constitutional law simply is ignored.

The president, who is directly elected to a five-year term that can be repeated once, is the head of state and is granted supreme executive power by the constitution. As commander in chief of the armed forces, the president also may declare a state of emergency or of war. The president is empowered to appoint the prime minister and full cabinet of ministers and the judges of the three national courts, subject to the approval of the Oliy Majlis, and to appoint all members of lower courts. The president also has the power to dissolve the parliament, in effect negating the Oliy Majlis's veto power over presidential nominations in a power struggle situation.

Deputies to the Oliy Majlis, the highest legislative body, are elected to five-year terms. The body may be dismissed by the president with the concurrence of the Constitutional Court; because that court is subject to presidential appointment, the dismissal clause weights the balance of power heavily toward the executive branch. The Oliy Majlis enacts legislation, which may be initiated by the president, within the parliament, by the high courts, by the procurator general (highest law enforcement official in the country), or by the government of the Autonomous Province of Karakalpakstan. Besides legislation, international treaties, presidential decrees, and states of emergency also must be ratified by the Oliy Majlis.

The national judiciary includes the Supreme Court, the Constitutional Court, and the High Economic Court. Lower court systems exist at the regional, district, and town levels. Judges at all levels are appointed by the president and approved by the Oliy Majlis. Nominally independent of the other branches of government, the courts remain under complete control of the executive branch. As in the system of the Soviet era, the procurator general and his regional and local equivalents are both the state's chief prosecuting officials and the chief investigators of criminal cases, a configuration that limits the pretrial rights of defendants.