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Politics of Armenia
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Constitution Constitutional court President: Hrayr Tovmasyan Human rights
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The Constitution of Armenia was adopted by a nationwide Armenian referendum on July 5, 1995. This constitution established Armenia as a democratic, sovereign, social, and constitutional state. Yerevan is defined as the state's capital. Power is vested in its citizens, who exercise it directly through the election of government representatives. Decisions related to changes in constitutional status or to an alteration of borders are subject to a vote of the citizens of Armenia exercised in a referendum. There are 117 articles in the 1995 constitution. On November 27, 2005, a nationwide constitutional referendum was held and an amended constitution was adopted. The Constitution was adopted on 5 July, 1995, by a referendum. The constitutional amendments were adopted on 27 November, 2005, by a referendum.

The Armenian people — recognising as a basis the fundamental principles of the Armenian statehood and the pan-national aspirations enshrined in the Declaration on the Independence of Armenia, having fulfilled the sacred behest of its freedom-loving ancestors for the restoration of the sovereign state, committed to the strengthening and prosperity of the fatherland, with a view to ensuring the freedom of generations, general well-being and civic solidarity, assuring the faithfulness to universal values — hereby adopt the Constitution of the Republic of Armenia.It has following 9 chapters

–CHAPTER 1. THE FOUNDATIONS OF CONSTITUTIONAL ORDER

                    The articles 1-13 (inclusive) 

–CHAPTER 2. FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

                    The articles 14-48 (inclusive)

–CHAPTER 3. THE PRESIDENT OF THE REPUBLIC

                    The articles 49-61 (inclusive)

–CHAPTER 4. THE NATIONAL ASSEMBLY

                    The articles 62-84 (inclusive)

–CHAPTER 5. THE GOVERNMENT

                    The articles 85-90 (inclusive)

–CHAPTER 6. THE JUDICIAL POWER

                    The articles 91-103 (inclusive)

–CHAPTER 7. THE LOCAL SELF-GOVERNMENT

                    The articles 104-110 (inclusive)

–CHAPTER 8. ADOPTION OF THE CONSTITUTION, AMENDMENTS AND REFERENDUM

                    The articles 111-114 (inclusive)

–CHAPTER 9. FINAL AND TRANSITIONAL PROVISIONS

                    The articles 115-117 (inclusive)
(Zara Tumanyan)

According to the November 2005 Constitution, the President of the Republic appoints the Prime Minister based on the distribution of the seats in the National Assembly and consultations with the parliamentary factions. The President also appoints (or dismisses from office) the members of the Government upon the recommendation of the Prime Minister. The President also has the power to dissolve the National Assembly and declare emergency (extraordinary) parliamentary elections. Given the constitutional powers of the president, Armenia can be regarded as a presidential republic. According to the Armenian Constitution, every citizen is guaranteed a right to life, therefore there is no death penalty in the republic. Also each citizen is guaranteed some basic rights such as the right to have private life, the right to exercise whichever religion one may choose.

Early constitutional history and drafting of the 1995 constitution

Immediately after independence, the 1978 constitution, a replica of the Soviet Union's 1977 document, remained in effect except in cases where specific legislation superseded it. At the end of 1992, the president and the APM parliamentary delegates presented a draft constitution. They put forward a revised version in March 1993. Then, after nearly a year's work, a bloc of six opposition parties led by the Armenian Revolutionary Federation (ARF) presented an alternative constitution in January 1994 that would expand the parliament's power, limit that of the president, expand the authority of local government, allow Armenians everywhere to participate in governing the republic, and seek international recognition of the 1915 massacre. As 1994 began, observers expected a long struggle before parliament adopted a final version.

— Armenia: CONCEPT FOR CONSTITUTIONAL AMENDMENTS ANNOUNCED (May 09, 2014) On April 10, 2014, the Commission on Constitutional Reforms, established under the President of Armenia, announced the proposed Concept for Constitutional Amendments, which will be drafted at a later date. The final Concept will be based on the ideas included in this 45-page paper, published on the Armenian Ministry of Justice website. (Constitutional Amendments of the Republic of Armenia Concept (Draft), Developed by the Specialized Commission on Constitutional Amendments by the President of Armenia Ministry of Justice website (Mar. 2014).) The plan is for amendments to the Constitution to be submitted to a national referendum by the end of 2015. (Head of the Constitutional Commission Says that Referendum on Amendments Will Be Conducted in Late 2015 – Early 2016 , PANORAMA.AM (Apr. 10, 2014).)

The draft Concept states that the forthcoming constitutional amendments will be passed with the purpose of establishing "effective mechanisms of real appreciation of human rights and freedoms as an ultimate value, limitation of government powers, real separation of powers, and a working system of checks and balances," aimed at the implementation of the constitutional principle of a social state. (Concept, supra, at 13-14.) It is hoped that the amendments, if passed, will correct the existing deficiencies in interaction between the institutions of power, define the president's authority as a guarantor of the Constitution's implementation, provide legislative authorities with effective controlling means, and more clearly divide executive authority between the president and the Cabinet of Ministers. (Id.)

Among the key innovations proposed by the draft Concept are:

· conducting elections for the President and National Assembly (Parliament) on the same day; · transforming the current national political system into a parliamentarian form of government, with the President as the head of state elected by the Parliament from a list of non-partisan candidates, for a term of seven years without the possibility of reelection; · having the Prime Minister assume his position based on the outcome of parliamentary elections; · remaking the current three-level judiciary system into a two-level system and introducing courts with jurors; and · giving the Constitutional Court the authority to decide on jurisdictional issues that arise among different government agencies. (Id. at 27.)

The draft Concept discusses the issue of direct democracy, defining the subjects that can be put on the ballot for a referendum and the role of the government and civic organizations in initiating a referendum. Specifically, it mentions the possibility of using referenda to decide questions of about joining international organization, membership in which may limit country's sovereignty. (Id. at 35.)

Addressing local self-government issues, the draft Concept recommends strengthening the role of councils of aldermen at the local level and emphasizes the importance of inter-municipal unions. (Id. at 37.)

For the first time in Armenian legal history, the proposed Concept suggests defining the status of independent institutions established according to the Constitution, stating that they have special legal authority outside of the three classical branches of government. (Id. at 42.)

Prepared by Gabriel Balayan, visiting Fulbright scholar under the supervision of Peter Roudik, Director of Legal Research

(Zara Tumanyan)

See also

• Politics of Armenia
• Constitutional economics
• Constitutionalism

References

1. The Constitution of the Republic of Armenia
2. The First Constitution of the Republic of Armenia (5 July 1995)
3. The Constitution of the Republic of Armenia (27 November 2005)
4. http://www.parliament.am/parliament.php?id=constitution&lang=eng#1. {{cite web}}: Missing or empty |title= (help)
5. The Constitution of the Republic of Armenia (27 November 2005), Chapter 3: The President of the Republic, Article 55.
6. The Constitution of the Republic of Armenia (with amendments) (27 November 2005), Chapter 3: The President of the Republic, Article 55
7. This article incorporates text from this source, which is in the public domain. Glenn E. Curtis and Ronald G. Suny (March 1994). "The Constitution". In Curtis, Glenn E. (ed.). Armenia, Azerbaijan, and Georgia: country studies. Federal Research Division, Library of Congress. LCCN 94045459.

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