ACCESS TO CONSTITUTIONAL JUSTICE AND PROTECTION OF
FUNDAMENTAL RIGHTS IN THE DIGITAL ERA

Honourable Chairman,

Distinguished Colleagues,

Esteemed Participants,

At the outset of my remarks, I would like to extend my sincere congratulations on the 30^th anniversary of the Constitutional Court of the Republic of Uzbekistan. It is a great pleasure and honour for me to address you all at this international conference held on this meaningful occasion.

I would like to once again extend my heartfelt congratulations to my Uzbek colleagues, who will assume this important responsibility, on the occasion of the handover of the term-presidency of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) from the Constitutional Court of the Kingdom of Thailand to the Constitutional Court of the Republic of Uzbekistan.

The constitution reflects not only the legal order of a state, but also political culture, shared values, and future aspirations of the respective society. Therefore, the constitution serves as the autobiography of a society and expresses its vision for the future. Thus, constitutional reforms constitute a process through which a society re-defines itself, going beyond mere technical regulations. 

Human rights inherently possess certain features that determine their significance, scope, and the manner in which they are safeguarded. First, human rights are inherent to every person simply for being human. Second, they are inalienable and non-transferable. Accordingly, a person cannot waive his rights, and nor can the state revoke them. Third, the principle of holism and complementarity applies, which means that protecting a particular right also entails the protection of other rights. 

These features demonstrate that human rights constitute not only a legal framework, but also a system of moral and human values. Therefore, constitutional reforms must aim at ensuring more effective protection of these rights at both national and international levels.

In the era of globalisation, safeguarding human rights has become a shared responsibility that goes beyond national borders. Among the significant aspects of the today’s debates on constitutional reforms is the impact of technological developments on the legal order. Artificial intelligence (AI), digital platforms, big data systems, and algorithmic decision-making processes profoundly affect both social interactions and the way constitutional rights are protected. This situation calls for a reinterpretation of the traditional understanding of rights under the constitution.

Digital monitoring, AI-powered surveillance systems, and mass data analyses pose a serious threat to individuals’ privacy. The collection, processing, and dissemination of personal data may lead to various conflicts with the right to privacy and the freedom of communication. 

Social media has created an emerging public space in respect of freedom of expression, but it also brings new challenges such as disinformation, hate speech, and digital censorship.

These developments have made the constitutional balance between the freedom of expression and the maintenance of social order more fragile than ever. Moreover, technological developments and the integration of internet and social media into our lives have given rise to certain novel rights, such as the right to be forgotten.

In this context, the Turkish Constitutional Court primarily assesses whether expressions of insult and hate speech on social media have disrupted the balance that must be maintained between freedoms of expression and the press, and the right to honour and reputation. It seeks to protect individuals’ right to honour and reputation without unduly restricting the freedoms of expression and the press. In this regard, it is important to note that social media and digital platforms cannot be regarded as forums where insults, hate speech, or violence are permitted. However, it should be emphasised that expressions falling within the permissible limits of freedoms of expression and the press must also be protected.

Distinguished Participants,

In the near future, integrating AI-powered systems into judicial decision-making processes appears inevitable. This situation will undoubtedly rise to new constitutional debates, particularly with respect to the principle of equality and the right to a fair trial. In this regard, the inherent unpredictability of algorithmic decisions and the diminishing role of human oversight raise the question of how the principle of the rule of law can be maintained in the digital era.   

In addition, albeit having the potential of enhancing democratic participation, digital platforms also pose the risk of undermining the legitimacy of democracy through political manipulation, data-driven propaganda, and disinformation.

All these developments demonstrate that the constitutional law cannot be limited to safeguarding traditional rights; it must also ensure the protection of emerging freedoms in the digital age. In this regard, a key focus of forthcoming constitutional reforms will be the pursuit of a legal system in the technological era that upholds human dignity.

Constitutional justice has a pivotal role in the judicial system of the modern state governed by the rule of law.  That is because the constitutional justice both safeguards the supremacy of the constitution, which occupies the highest position in the hierarchy of norms, and ensures that the state remains bound by the law, maintaining the balance among the legislature, the executive, and the judiciary. Through these functions, the constitutional courts ensure the stability of the legal order as the ultimate guardian of individuals’ fundamental rights and freedoms, and as institutions that delineate the boundaries of democratic legitimacy.

The Turkish Constitutional Court rests upon a deep-rooted tradition institutionalised under the 1961 Constitution and further consolidated by the 1982 Constitution. It is among the world’s oldest and most long-standing constitutional courts. This experience has gained a new dimension, particularly over the past decade, with the implementation of the individual application mechanism. Individuals can now directly appeal to the Constitutional Court, and constitutional justice has thus transformed from an abstract concept into a concrete means of legal remedy. 

Since its introduction in 2012, the individual application mechanism in Türkiye has served as a key guarantor of access to constitutional justice. Through this mechanism, individuals can directly have recourse to the Constitutional Court in case of alleged violations of their fundamental rights by public authorities.

The rulings of the Turkish Constitutional Court aim not only to redress a given violation, but also to enhance human rights standards. Referring to the case-law of the European Court of Human Rights (ECHR), the Turkish Constitutional Court fosters a judicial dialogue between domestic and international law, thereby contributing to the universal progress of constitutional justice.

Today, the constitutional courts across the world have become guardians of constitutional identity, fundamental rights, and democratic principles, extending beyond their traditional role of merely reviewing the constitutionality of norms. This transformation requires redefining the scope, limits, and functions of judicial review in the context of reform processes.

The individual application mechanism to the Turkish Constitutional Court, cited as a model by the ECHR, has ensured direct access to the Constitutional Court for anyone alleging violations of their fundamental rights and freedoms by public authorities. Anyone who has exhausted all available administrative and judicial remedies under the Turkish legal system and filled out the individual application form may apply to the Court. More recently, as of 1 October 2025, individual applications may also be submitted electronically.

Esteemed Colleagues,

Constitutional review bodies function as a counterbalancing mechanism that oversees the compliance of reforms with the rule of law principle and ensures the preservation of constitutional values.  

Concluding my remarks, I wish to stress that constitutional reforms should centre on human dignity, freedom, and justice. The purpose of the constitutional review is to ensure that these values are not only enshrined in legal texts but also fully realised in every aspect of life.

I would like to take this opportunity to reiterate my congratulations to the Constitutional Court of the Republic of Uzbekistan on its 30^th anniversary and to express my sincere wishes for the continued strengthening of the cordial relations and constitutional cooperation between our counties.

I extend my highest regards to you all.