Constitution of Armenia

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.

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. Given the constitutional powers of the president, Armenia can be regarded as a presidential republic.

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.)

(Anna Bazoyan)

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a replica of the Soviet Union's 1977 document, remained in effect except in cases where specific legislation superseded it.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.

See also

• Politics of Armenia
• Constitutional economics
• Constitutionalism