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30.05.2003 - Source: Institute for War and Peace Reporting

Referendum amending the constitution has been turned down ("Armenia’s Voter Fatigue") [#13348][ID 2804]

"Voters were also asked to approve a referendum amending the constitution – but they turned it down. Support for it fell far short of the required approval by one-third of the whole electorate.

Again voter apathy is likely to have played a part. The amendments proposed by President Robert Kocharian had not been widely publicised, still less understood by most voters. It is unclear what the president will do now to push through his amended constitution"

Document(s): Open document

22.05.2003 - Source: Institute for War and Peace Reporting

In the new draft constitution up to 80 per cent of the articles are being amended ("Constitution Vote Baffles Armenia") [#13346][ID 2805]

"Almost overlooked in the run-up to the country’s parliamentary election on May 25 is that Armenians are also being asked to vote on a new draft constitution. Few of the electorate are aware of the implications of the latter - and the politicians are not helping.
[...]
What the electorate is being asked to approve or reject is a new draft of the constitution, first enacted in 1995, in which, according to some estimates, up to 80 per cent of the articles are being amended.

However, as the only way to understand what the changes being voted on is to take a copy of the old constitution and compare it line by line with the new draft, few people are much the wiser.

Armen Harutiunian, President Robert Kocharian’s representative in the Armenian parliament, declared that ten days before the vote, the population would be given free brochures setting out the constitutional amendments.

However, most of these brochures then went on sale and were not offered for free. “It would have been better if they gave the voters the 500 drams (about 80 cents), so they read the brochures,” Pogosian remarked sarcastically.
[...]
So far, the pro-presidential Dashnaktsutiun party is urging a “yes” vote. But most of the opposition, claiming that the new draft charter will considerably strengthen Kocharian’s powers vis a vis the legislature, wants the electorate to reject the amendments. This camp includes the defeated candidate in the second round of the presidential election, Stepan Demirchian, amongst others.

However, the “yes” and “no” camps are sharply divided in their interpretations of the new basic law.

“This draft strengthens the president’s position so much that he becomes absolutely untouchable, endowed with absolute power and will have every chance of avoiding responsibility for his actions,” said Ararktsian..

Pogosian agrees, saying, “This will reduce the role of the government to zero. According to Kocharian’s amendments, the president has the right to dissolve parliament, unilaterally appoint a prime minister and sack the foreign and defence ministers, if they are appointed on the recommendation of parliament.”

However, presidential representative Armen Harutiunian, says that these criticisms are unjust. “I am astonished that some people believe the president’s powers are increasing,” he said. “One of the achievements of the new version [of the constitution] is that it balances out the functions of all branches of power.”

Harutiunian said that the parliament keeps substantial powers, some of which are greater than in the existing constitution. He added that the new draft was an advance on matters of human rights, bringing it into line with Armenia’s international commitments.

The amendments create the post of human rights ombudsman in Armenia for the first time. However, Pogosian noted that the expression “everyone has the right to legal defence” has been removed and the there are new restrictions on marches and rallies.

The new constitution also removes a controversial existing ban on dual citizenship and paves the way for a law to be passed by parliament giving Armenians the right to acquire it.
[...]
Many believe that Kocharian is using the parliamentary elections as a cover to push through a constitution which might otherwise not have won public support."

Document(s): Open document

09.12.1997 - Source:

Law on the Constitutional Court of Armenia ("University of Bern, Law on the Constitutional Court") [ID 2808]

"Adopted on: 9 Dec 1997
Adopted by the National Assembly
Signed on: 30 Dec 1997
Signed by President Levon Ter-Petrossian"

Document(s): University of Bern, Law on the Constitutional Court

05.07.1995 - Source:

Constitution of the Republic of Armenia ("Ministry of Foreign Affairs of the Republic of Armenia") [ID 2806]

"Constitution of the Republic of Armenia

Chapter 1 The Foundations of Constitutional Order
Chapter 2 Fundamental Human and Civil Rights and Freedoms
Chapter 3 The President of the Republic
Chapter 4 The National Assembly
Chapter 5 The Government
Chapter 6 Judicial Power
Chapter 7 Territorial Administration And Local Self-Government
Chapter 8 Adoption Of The Constitution, Amendments And Referendum
Chapter 9 Provisions For The Transitional Period"

Document(s): Ministry of Foreign Affairs of the Republic of Armenia

05.07.1995 - Source:

Constitution of the Republic of Armenia (last adoption 5 July 1999) ("University of Bern, Constitution of the Republic of Armenia") [ID 2807]

Document(s): University of Bern, Constitution of the Republic of Armenia