Volume 04 Issue 12-2024
29
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
29-33
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article “The Constitution –
A Guarantee of a Free and Prosperous Life” analyzes the role of the constitution in
society and its significance in protecting human rights. As the primary legal document of the state structure, the
constitution plays a cruc
ial role in guaranteeing citizens’ freedoms and rights, regulating the powers of government,
and ensuring democracy, the rule of law, and justice. The article discusses the uniqueness of the constitution, its
historical development, and its role in ensuring a free and prosperous life in society. Moreover, the constitution
regulates relations between the state and its citizens, limits governmental actions, and provides legal protection and
fair governance for citizens. The article also examines the role of the constitution in state governance, human rights,
social stability, and maintaining prosperity.
KEYWORDS
Constitution, rights, freedoms, prosperity, state governance, human rights, democratic system, rule of law, civil
society, social stability.
INTRODUCTION
The constitution is the fundamental law of every state,
establishing the foundations of its social, political, and
economic systems. It is the most important document
that guarantees the will of the people, ensures human
rights and freedoms, and promotes the stable
Research Article
THE CONSTITUTION
–
A GUARANTEE OF A FREE AND PROSPEROUS
LIFE
Submission Date:
December 07, 2024,
Accepted Date:
December 12, 2024,
Published Date:
December 17, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue12-05
Mallaev Normamat Ramazonovich
Candidate of Legal Sciences, Associate Professor, Termez State University, Uzbekistan
Xushboqova Nigora Gayrat qizi
Advocacy, 1st-year student, Termez State University, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 12-2024
30
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
29-33
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
development of society. The essence of the
constitution lies not only in its legal provisions but also
in its practical application, creating a basis for
individuals to lead a free and prosperous life.
The primary function of the constitution is to protect
human rights and freedoms. It provides a legal
framework to ensure freedom, equality, and prosperity
for every citizen. Through the constitution, a just legal
system is established, maintaining a balance between
different branches of government and preventing any
one side from dominating. In this sense, the
constitution serves as a vital document that earns the
respect and trust of the citizens.
The origin of the term “constitution” traces back to
ancient Latin. The Latin word “constitutio” means
“establishment,” “regulation,” or “organization of
governance.” It is derived from the verb “constituere,”
which translates as “to establish” or “to set up.”
Initially, the term “constitution” referred solely to
normative documents aimed at organizing state
governance or forming governments.
Historically, the concept of a constitution expanded
only later within modern legal systems, evolving into a
significant document defining the fundamental legal
framework of governance. The term “constitution”
was first used in its modern sense in France during the
18th century, following the French Revolution, to
define the foundations of legislation and state
administration [1]. However, the concept gained
broader recognition in subsequent years, particularly
after the United States adopted its enduring
constitution in 1787. This event marked the
constitution as an essential legal instrument in
international law and governance.
In modern states, the constitution is not only the
fundamental law of governance but also a necessary
legal instru
ment for protecting citizens’ rights and
freedoms, ensuring the rule of law, and implementing
the principle of separation of powers. Therefore, the
term “constitution” today is recognized not merely as
the foundational document of a state system but also
as the most critical document ensuring the stability and
durability of legal and political systems.
The first written constitution in world history is often
considered to be the U.S. Constitution, adopted in
1787. This document serves as the fundamental law of
the United States as an independent state and is
regarded as one of the key models for modern
constitutional systems. Moreover, it remains in force
today, earning its reputation as the oldest functioning
constitution in the world.
However, if viewed more broadly, earlier documents
such as Poland’s “Constitution Nihil Novi” adopted in
1714 or France’s constitutions from 1791 are also
significant. These documents contributed to the
development of freedom and legal systems in their
respective
societies.
Nonetheless,
the
U.S.
Constitution is widely recognized as the “first modern
constitution” in many contexts [2].
The world’s first written constitution covered the
following key areas essential for society:
• Establishing the Foundations of the Legal System
.
The U.S. Constitution defined the structure of the
state, the separation of powers, and the principles of
governance. It introduced a system of checks and
balances among the three branches of government
—
legislative,
executive,
and
judicial
—
aimed
at
preventing abuses of power.
Protecting Civil Rights. The Constitution became a
significant document guaranteeing human rights. Its
initial framework included the Bill of Rights, which
safeguarded fundamental freedoms such as freedom
Volume 04 Issue 12-2024
31
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
29-33
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
of speech, freedom of religion, and the right to
assemble.
• Defining the Foundations of Democratic
Governance. The U.S. Constitution is recognized as the
first document to introduce democratic principles. It
established that the people are the ultimate source of
authority and that governance is conducted through
elections.
• Ensuring the Rule of Law. The Constitution
strengthened the principle of the rule of law, ensuring
fair governance and enabling oversight of the activities
of government officials.
• Promoting National Unity a
nd Stability. The
Constitution united independent states into a single
nation, fostering national unity. It also provided a legal
foundation for economic and political stability. [2]
The freedom of any society is reflected in its citizens’
ability to independently manage their own lives. The
constitution legally guarantees these opportunities. It
enshrines fundamental human rights, the inviolability
of private property, freedom of speech, the right to
education, and other democratic values.
For independent states, the constitution is also a
symbol of national sovereignty, as it strengthens the
state’s independence, territorial integrity, and position
on the international stage.
The principle of justice plays a decisive role in the
constitution’s application.
Building a just society
requires a strong belief in the equality of all citizens’
rights and responsibilities. The constitution ensures
this equality and establishes the legal foundation for
dialogue and cooperation among all segments of
society. This legal balance is a vital condition for peace
and stability within the community.
The constitution regulates the relationship between
the state and its citizens. It ensures that the powers
and responsibilities of state institutions, as well as the
rights and duties of citizens, are implemented based on
clear and defined rules. By promoting transparency in
governance, the constitution enables citizens to
influence state decisions. This, in turn, deepens
democratic processes and fosters the development of
civil society.
The constitution plays a crucial role in ensuring a
prosperous life. It guarantees citizens’ economic and
social rights, including the right to work, fair wages,
access to healthcare, and housing. The legal system
established by the constitution provides opportunities
for every individual to realize their potential and strive
for a prosperous life.
The stability and development of the state depend on
the effective realization of these rights. The
constitution not only protects human rights but also
safeguards the interests of future generations. It
includes provisions addressing urgent issues such as
environmental sustainability, rational use of natural
resources, and the preservation of cultural and spiritual
heritage. Through such laws, foundations for stability
and prosperity are established not only for today but
also for future generations.
In the years of independence, Uzbekistan’s
constitution has been developed as a document
considering national interests, playing a crucial role in
building a democratic society in our country. It serves
as the legal foundation in all areas of the nation’s
development. The constitution of independent
Uzbekistan embodies the people’s will, aspirations,
and national values. As its provisions are practically
implemented, they ensure sustainable development
and a prosperous life in society.
Volume 04 Issue 12-2024
32
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
29-33
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The process of drafting a constitution varies in each
country according to its historical, political, and social
contexts. This process is shaped by the state’s
structure, nationa
l values, the level of the public’s legal
awareness, and the perspectives of political leaders,
which result in unique characteristics. A constitution is
not only a legal document but also the primary
normative framework regulating the social, political,
and economic life of the people. The historical heritage
and national values of a state play a significant role in
its formulation. The normative provisions of the
constitution must be acceptable to the people of that
state and align with their lifestyle. For instance, in some
countries, religious or customary rights may be integral
parts of the constitution. Therefore, the constitution
reflects not only general legal principles but also the
social and cultural needs of the people [3].
Another important aspect in drafting a constitution is
defining the form and structure of government. The
constitution must clearly define the form of
governance. In centralized states, the constitution
ensures that all branches of government are
subordinated to the central government. In federal
states, the constitution guarantees the specific
autonomy of individual states or regions.
Moreover, the principle of the separation of powers is
crucial for the strength of the constitutional system.
This
principle
involves
the
distribution
of
responsibilities among the legislative, executive, and
judicial branches of government during the
establishment of the constitutional system. It is
essential for preventing the abuse of power. The
constitution also includes guarantees regarding civil
society and human rights. The protection of citizens’
freedoms and rights, equality, freedom of speech,
religious freedom, and other fundamental rights form
a critical part of the constitutional process. This
process requires adherence to international legal
principles. For instance, the Universal Declaration of
Human Rights, adopted by the United Nations, is often
integrated into constitutional norms [4].
Another important aspect in drafting a constitution is
that it requires a personalized approach. The process
of drafting a constitution reflects the unique
conditions of each state. Constitutions adopted after
revolutions or independence are often aimed at
creating a new governance system, while in stable
states, the constitution serves to legally strengthen the
existing governance. Additionally, the process of
adopting a constitution can involve legislative
endorsement, either through special constitutional
councils drafting the proposal and its approval by
referendum, or through a parliamentary vote or other
authorized bodies. Moreover, the stability of a
constitution is complemented by its adaptability. The
constitution must be able to evolve in response to
changing times and needs. However, these changes
must occur within a specific legal framework. For
example, the process of making amendments to the
US Constitution is highly stringent, whereas in other
countries, the process of updating constitutions may
be simpler. In drafting a constitution, a balance
between international legal principles and internal
needs of the state is crucial.
These principles include [4]:
Democracy
: Recognizes the people as the source of
government authority.
Rule of Law
: Ensures that laws are applied equally to
all.
Sovereignty
: Guarantees the independence of the
state and the right of the people to determine their
own destiny.
Volume 04 Issue 12-2024
33
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
29-33
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
These principles define the role of the constitution in
both domestic and foreign policy, ensuring adherence
to fundamental legal principles and promoting
stability, justice, and legal equality within society. In
each state, this process is tailored to meet the specific
needs, national values, and aspirations of its people,
while also considering the future development of the
state.
CONCLUSION
In conclusion, the constitution is not only a legal
document but also the cornerstone of every
individual’s right to a free and prosperous life. It
ensures justice and equality within society, fostering an
environment of mutual respect and trust among its
members. Compliance with the constitutional rules is
the duty of every citizen, enabling the establishment of
a free and prosperous society. Therefore, the
constitution is the firm foundation for freedom,
stability, and well-being.
REFERENCES
1.
Xaitov Aktam - Deputy Speaker of the Legislative
Chamber of the Oliy Majlis, Head of the Faction of
the Liberal Democratic Party of Uzbekistan -
“The
Constitution - the Main Foundation of the
Devel
opment of Our Prosperous Life”
- Article on
the main page of lider.uz newspaper, 09.12.2020,
No. 1030.
2.
A. Rahimov -
“The Constitution as a Guarantee of
Human Rights and Freedoms”
- Article in the Xalq
So
ʻ
zi newspaper, 09.12.2021, page 2.
3.
Abdikarimova Sayyora - Member of the Senate of
the Oliy Majlis of the Republic of Uzbekistan -
“The
Constitution as a Guarantee of Our Development
and Prosperity”
-
O‘z. Ru. En. Constitution.
Uz/uz/pages/, main page.
4.
“The Constitution
- the Main Foundation of Our
Prosperous Life and Development”
- Legislative
Chamber of the Oliy Majlis of the Republic of
Uzbekistan - Article in the Xalq So
ʻ
zi newspaper,
24.11.2021, No. 926, page 2.
