ArmInfo. The Declaration of Independence is not an ordinary normative legal document, it is an eternal document, standing above all normative documents, which cannot be taken away by the Constitutional Court of Armenia. This was stated by the former deputy of the opposition faction "Hayastan" of the National Assembly of Armenia, lawyer Aram Vardevanyan.
According to him, he always believed that the creation of the Constitutional Court was necessary not only from the point of view of the formation of the state and legal system of the Republic of Armenia, but also to always be a mechanism of protection from disasters, political opposition processes, and even "earthquakes". "
It was on the basis of these principles that the Constitutional Court was formed on February 5, 1996. Many people formed an opinion about the Constitutional Court based on decisions made following the election process, Many people formed an opinion about the Constitutional Court based on decisions made following the election process, without even reading them. Some discovered the Constitutional Court for themselves through a number of other cases," Vardevanyan added.
At the same time, he emphasized that recently the Constitutional Court has simply abandoned the essence and philosophy of constitutional justice, or "withdrew" from its mission.
Vardevanyan added that this is already obvious to everyone. "This is an indisputable statistical fact. The end result was the CC-1749 decision, or the decision on the Declaration of Independence, or the decision "On devouring the Declaration."
However, the Declaration of Independence is not an ordinary normative legal document, it is an eternal document that stands above all normative documents.
The title of "Parent" can be attributed to the Declaration of Independence, but it stands for the "Child" from the position of paving the way, giving a guide and never "devouring." It is absurd to make such statements and "heroically" look for ways to deny this, "the lawyer added.
In conclusion, he noted that the Declaration of Independence gave Armenia the fundamental principles and national goals of Armenian statehood. "And no structure, not even the Constitutional Court, can "take this away" from us or impose such positions, and for this we need to move from the Constitution to Constitutionalism and that's it," Vardevanyan summed up.
On September 30, another scandal erupted in the Armenian segment of social networks. It was caused by the decision published on the website of the Constitutional Court regarding the constitutionality of the regulations on the joint activities of the commissions for demarcation of the border between Armenia and Azerbaijan.
On page 27 of the published 33-page text of the decision, a concern is expressed that "the provisions of the Declaration carry the potential danger of "constitutional dualism" and can turn it into a "parent devouring its child," and that neither the Declaration nor the Constitution pursued this goal.
The Constitutional Court comes to the conclusion that the provision "based on the fundamental principles and national goals of the Armenian statehood" "established in the Declaration of Independence" in the preamble of the Constitution does not refer to any principle or goal enshrined outside the Constitution."
At the same time, the Constitutional Court notes that this conclusion of the Constitutional Court no longer cancels the provision "based on the joint decision of the Supreme Council of the Armenian SSR and the National Council of Nagorno-Karabakh of December 1, 1989 "On the reunification of the Armenian SSR and Nagorno-Karabakh."