Əsas hüquq və azadlıqların bir sıra cəhətlərinin konstitusion hüquqi təhlili

As is known, the fundamental rights, freedoms, and duties of an individual and a citizen are among the key institutions of the Constitution. In the constitutions of various democratic states, the origin and etymology of fundamental rights and freedoms, as well as the proper understanding of the concept of human rights, are essential for the accurate realization of public and legal relations, provided they are formulated in accordance with the principles of law. This is because constitutional legal norms, by their nature, encompass relationships in a general and foundational aspect. Since the origin of rights and freedoms is considered a pre-state process, the protection of natural legal elements from the influence of positive law is one of the main responsibilities of state power. However, fundamental rights and freedoms provide necessary guarantees against the state, which distorts freedom, as well as third parties. The concept of "freedom is not created by the state, it is directly invented by it" is based on the idea that the decisive role of the modern democratic state in realizing fundamental rights and freedoms is indispensable. In other words, without the state, the realization of rights and freedoms is in question. The central idea is that the legal state's capacity to fulfill its obligations regarding human rights and freedoms is a key issue in modern democratic systems and remains one of the most sensitive and closely scrutinized matters. Keywords: Legal status of the individual, protection and safeguarding of rights and freedoms, state guarantees for rights and freedoms, constitutional and legal foundations of rights and freedoms.