Time in Yerevan: 11:07,   27 April 2024

Constitutional reforms to have positive outcome from perspective of individual’s status: Lawyer

Constitutional reforms to have positive outcome from perspective of individual’s status: Lawyer

YEREVAN, JULY 23, ARMENPRESS. There is a need for Constitutional reforms  in Armenia. Doctor of Law, Professor, Chair of departments of Theory of State and Law and Chair of History at the YSU Arthur Vagharshyan expressed such a viewpoint during an interview with journalists, assuring that Constitutional reforms will have positive outcomes from the perspective of an individual’s status. The amended Constitution of 2005 had similar positive outcomes, according to which citizens were granted with the right to apply to the Constitutional court.

Concerning to the provisions and particularly to the system of the government of the draft Constitution, Vagharshyan mentioned, “There is a threat of monocratic rule and adjustments are needed here. Constitutional reforms are aimed to implement those adjustments. Why do you think that the presidential system with a strong president is a distinctive feature for the Armenian nation? Especially, when we had the practice of a parliamentary system during the First Republic”.

Referring to the principle of “stable majority”, Arthur Vagharshyan clarified that very dangerous situations can come forward in a parliamentary system without the principle of “stable majority”. “The experience of the First Republic is the evidence. If there is no “stable majority” a country becomes slow as it is unable to give rapid solutions during emergency situations. There is no need to criticize the principle of “stable majority” by all means, it is necessary to think and find solutions. I think it will be possible to find perfect solutions during these discussions”, Vaghasrshyan added. Vagharshyan noted that people who criticize that principle are those people he adopted laws that were superior to the Constitution during 90s.

 

On July 15 the o Specialized Commission for Constitutional Reforms published the first 7 chapters of the draft Constitution for public debates. It is suggested by the draft version of the 1-7 chapters of the Constitution that the National Assembly should be formed from at least 101 MPs, the National Assembly should be elected by proportional representation which must guarantee the formation of stable parliamentary majority. As reports “Armenpress”, according to the draft version, if a stable majority is not formed, the second stage of elections is held in which participate the top two parties or party alliances.

 

At the same time it is defined that the parties or alliances participating in the NA elections have to introduce their candidate for the Prime Minister and fundamentals of the Government Program. NA will be elected for a 5-year term. The 5th article of the draft, which is about the President and his credentials, foresees that the President must be elected for a 7-year term. The same individual can be elected as a president only once in contrast to the current Constitution where the limitation refers to holding the office twice in row. At the same time it is foreseen that the president cannot be a member of any party during his presidency.








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