NOT TOO STRICT, NOT TOO FLEXIBLE
Support A1+!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
