Constitution of Armenia (1995)

Constitution of Armenia (1995)
Name	Constitution of Armenia (1995)
Promulgation	5 July 1995
System	Unitary semi-presidential republic
Chambers	National Assembly
Courts	Constitutional Court of Armenia
Supersedes	1921 Constitution of the Armenian Soviet Socialist Republic

Constitution of Armenia (1995)

The 1995 Constitution of Armenia established the legal framework for the Republic of Armenia after the dissolution of the Soviet Union, defining state institutions, individual rights, and the separation of powers. Its adoption followed a period of political transition involving the Supreme Council of Armenia, the Armenian Revolutionary Federation, and the presidency of Levon Ter-Petrosyan. The text became a focal point in relations with European Court of Human Rights, Council of Europe, Organization for Security and Co-operation in Europe, Commonwealth of Independent States, and regional actors such as Russia and Turkey.

History and Adoption

The drafting process drew on models from the French Constitution of the Fifth Republic, the Constitution of the Russian Federation (1993), and post-communist charters in Poland, Hungary, and Georgia (country). Key political figures included President Levon Ter-Petrosyan, Speaker Babken Ararktsyan, and representatives of parties like the Republican Party of Armenia, Armenian Revolutionary Federation, and Heritage. International advisers from the United States Agency for International Development, European Union, and United Nations Development Programme engaged with Armenian drafters. The referendum of 5 July 1995 followed debates in the Supreme Council of Armenia and street politics linked to protests near Republic Square, Yerevan and events concerning Nagorno-Karabakh conflict.

Structure and Contents

The Constitution organized state power into chapters addressing fundamental rights, the presidency, the National Assembly, the government, the judiciary, the Constitutional Court of Armenia, local self-government, and the armed forces including the Armenian Army. It defined the role of the President and the Prime Minister of Armenia vis-à-vis the National Assembly (Armenia), and established institutions such as the Central Bank of Armenia, the Prosecutor General's Office (Armenia), and the Ombudsman of Armenia. Provisions referenced international instruments like the European Convention on Human Rights, the Universal Declaration of Human Rights, and treaties such as the Treaty on Conventional Armed Forces in Europe.

Key Provisions and Principles

Core principles enshrined included the rule of law, separation of powers, protection of human rights, and preservation of state sovereignty linked to the Treaty of Kars and diplomatic relationships with Iran and United States. The Constitution guaranteed civil rights cited in instruments such as the International Covenant on Civil and Political Rights and addressed citizenship rules impacted by the Law on Citizenship of Armenia. It prescribed the legislative process in the National Assembly, budgetary oversight involving the Ministry of Finance (Armenia), and emergency powers comparable to provisions in the Constitution of France. The judiciary provisions empowered the Constitutional Court to examine constitutionality, influenced by practice in the Constitutional Court of Spain and the Federal Constitutional Court (Germany).

Amendments and Constitutional Reform

Amendments in 2005, 2015, and subsequent reform efforts altered the balance between the presidency and the premiership, reflecting political forces including the Republican Party of Armenia and opposition movements like the Electric Yerevan protests. The 2005 referendum, influenced by comparative constitutional reforms in Ukraine and Georgia (country), expanded judicial review and adjusted electoral rules. The 2015 constitutional referendum shifted Armenia toward a parliamentary system, affecting institutions such as the Central Electoral Commission (Armenia) and prompting commentary from Venice Commission experts. Later proposals during administrations of Serzh Sargsyan and Nikol Pashinyan led to debates invoking international examples from United Kingdom, Israel, and Estonia.

Implementation and Judicial Review

Implementation relied on the Constitutional Court of Armenia, the Supreme Court of Armenia, ombudsman mechanisms, and administrative bodies, often litigated in domestic courts and occasionally brought before the European Court of Human Rights. Cases concerning freedom of assembly and press involved actors such as Haykakan Zhamanak and NGOs like Transparency International and Human Rights Watch. The Constitutional Court’s jurisprudence addressed questions of presidential immunity, electoral disputes before the Central Electoral Commission (Armenia), and the legality of emergency decrees, with comparative references to rulings by the Constitutional Court of Hungary and the Constitutional Court of the Russian Federation.

Political Impact and Controversies

The Constitution influenced major political events including the 1996 Armenian presidential election protests, the 2008 Armenian presidential election protests, and the 2018 Armenian revolution led by Nikol Pashinyan. Controversies centered on concentration of power alleged under administrations linked to the Republican Party of Armenia, debates over judicial independence involving the Constitutional Court of Armenia, and questions of human rights raised by organizations such as Amnesty International and Freedom House. International relations impacts involved the European Union–Armenia dialogue, the Eurasian Economic Union, and security ties with Russia through agreements like the Collective Security Treaty Organization.

Category:Law of Armenia Category:Politics of Armenia