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Constitution - Guarantee For Progress

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  • Constitution - Guarantee For Progress

    CONSTITUTION - GUARANTEE FOR PROGRESS
    Harutyun Gevorgyan

    Hayots Ashkharh Daily - Armenia
    06 July 07

    Interview with the member of RPA council and parliamentary faction
    Armen Ashotyan.

    "Mr. Ashotyan 12 years back, on July 5 Armenia having regained its
    independence had its own Constitution. On November 27 2005 amendments
    were made in the Constitution through referendum. What legal, political
    and social significance has the Principle Law of the country got in
    the context of the present day developments?"

    " The constitutions of all the countries tend to express the political
    ratio an balance of the present and the near future. We can state
    with confidence that our Constitution tends to the future and the
    referendum of November 27, 2005, on the amendments to the Constitution
    was aimed at regulating and guiding the future developments.

    The Constitution clearly demarcates individual - society - state
    relations, provides mechanisms of counterbalance among the wings
    of the authorities, creates legal foundations to set up legislative
    domain and emphasizes what kind of society we should have in future."

    "Our opposition used to be against constitutional amendments. Is it
    a result of shortsightedness or tendencies of personal-benefit?"

    "The Constitutional referendum of November 27, 2005, was the "Rubicon"
    which the pro-opposition powers of that time didn't manage to cross
    and lost the opportunity of providing their reproduction.

    The thing is, even in 2002 the necessity of constitutional amendments
    was evident. And it was conditioned not only by the commitments to
    PACE, but also internal social-political demands.

    If we evaluate the political developments of that time we will see
    that the parliamentary opposition failed to perceive the logic of the
    political developments and lost their exclusive chance to dictate their
    spirit and idea to the political domain of that time. The illogical
    "no" of the opposition contradicted the unavoidable international
    and social political process.

    At present it is more than evident that the constitutional amendments
    are a success. It is an indisputable fact that even the most radical
    opposition enjoys the freedom and rights provided by the same
    amendments in the constitution. Many times they themselves have
    unintentionally mentioned that the separation of powers and the
    counterbalance system is a present day reality that the domain of
    competences of the legislative-representative body that is to say the
    parliament has been extended. This is the most evident index, which
    shows that constitutional amendments contributed to the development
    of political and civil system."

    "To what extend does the amended Constitution stipulate the formation
    of the civil society in our country?"

    "I strongly believe all the social-political developments during the
    forthcoming 5-8 years will be first of all conditioned by the amended
    Constitution. I consider it necessary to underscore the fact that
    the Constitutional Court has the jurisdiction to influence political
    processes and to decide whether the results of the civil society's
    votes are valid or not.

    Though it is difficult to state whether the Constitution is completely
    accomplished in our reality or not, we should be well conscious that
    if we want to perceive the value of the Constitution we should have
    civil-society.

    As regards this I should underscore that today our civilians have
    the right to appeal to the Constitutional Court.

    Meanwhile it is not right to say that we managed to solve all the
    problems due to Constitutional amendments only, as transitional stages
    and clear schedules for the realization of the pre-determined programs
    are envisaged.

    It is not a secret that we should still learn to think, work and act
    based on the logic of the Constitution in all conditions. It is a
    very difficult task for some bureaucrats. The problem is they are
    accustomed to what is obliged by the superior and not the law and
    they are the principal obstacles to the amendments.
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