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| 13:41:51 | 02-07-2005 | Politics |
NOT TOO STRICT, NOT TOO FLEXIBLE
There are some items in the Constitution which are not subject to any
changes. These mostly refer to the temporal or democratic regime of the
state, pluralism, etc.
According to the RA representative Armen Harutyunyan, the 1st and 2nd
articles of our Constitution, which say that the Republic of Armenia is a
sovereign, democratic, social, legal state and the power belongs to the
people. `These clauses should remain unchanged and no one can manipulate
with them.’
Constitutions may be strict or flexible, depending on the complexity of the
mechanism of its changing. There are states where the Constitution is
applied by the President or by the President and parliament jointly.
RA President’s representative, doctor of juridical sciences Armen
Harutyunyan considers that in out country the Constitution should not be
very strict. `There should be the possibility of changing it, since in 5
years it may need changes. On the other hand the constitution should not be
too flexible, as it should secure stability first of all. In his opinion,
the mechanism of settling public interrelations legal and political culture
is often more important than normative acts.
Inserting amendments to the constitution is possible only via a referendum.
For this 1/3 of the votes is needed. According to Armen Harutyunyan this
clause is rather strict, however he does not find it expedient to lower the
rate.
To remind, in 2003 the draft submitted by Robert Kocharyan was not adopted
at the referendum due to the absence of 1/3 barrier, though, according to
the official data the majority of the citizens supported the draft.
Diana Markosyan