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ՀՀ ՍԱՀՄԱՆԱԴՐԱԿԱՆ ԴԱՏԱՐԱՆ. ՏԵՂԵԿԱԳԻՐ 3(120)2025

THE IMPACT OF THE LEGAL PRACTICE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF ARMENIA ON THE LAWMAKING PROCESS

NAREK BALYAN

Annotation

 

Constitutional justice in the Republic of Armenia is implemented by the Constitutional Court, whose exclusive authority is to determine the constitutionality of normative legal acts and the legal provisions enshrined therein. In this regard, the Constitutional Court issues decisions of unique value, which are endowed with the characteristics of binding force and finality. Despite all this, public authorities, based on certain interests, avoid implementing the decisions of the Constitutional Court. Such conduct is reflected in the failure of the executive and legislative bodies to amend norms that have been declared unconstitutional and to address legislative gaps. Under such conditions, the foundations of the constitutionality of the state-legal system, as well as the principle of separation and balance of powers, are certainly being undermined. The paper aims at advancing new approaches regarding the law changes based on Constitutional Court decisions, by elucidating the legal nature of Constitutional Court decisions, the principle of separation and balance of powers, and the mechanisms for the unconditional execution of judicial acts by public authorities.

 

Keywords: Constitutional Court Decision, erga omnes, Venice Commission, res judicata, separation of powers, lawmaking process, National Assembly.

DOI: https://doi.org/10.59560/18291155-2025.3-169