Draft constitutional reforms ‘unrelated to law’, former justice minister says

10:30 • 06.02.20
Law

The legal initiative proposing reforms to the Constition of Armenia does not bear even a loose relationship to the principles of law, a former minsiter of justice said Wednesday, commenting on the bill drafted by members of the ruling parliamentary bloc.

In an interview with Pastinfo, Doctor of Law, Professor Gevorg Danielyan described the measure as an absolutely "illogical manifestation and a political exremity".

“First, they haven’t shown respect for the logic underlying domestic legal documents, incorporating instead new controversial provisions. In particular, judging by the title of the proposed bill, it is a law, whereas the content suggests another form of a legal act, i.e. – amendments to the Constitution,” he said, calling for attention to the specific procedures required for the passage and adoption of draft laws.

“To cut it short, the kind of initiative has nothing to do with either the Constitution or the effective constitutional laws when it comes to legal or constitutional amendments,” he said, referring to his earlier conclusion providing a detailed analysis of norms circumventing principles of constitutional justice.

Danielyan ruled out any chances for effectuating the disputed provision even after their entry into force, citing the supremecy of the Constitiuon over other legal act (particularly, Article 5 establishing the “Principle of Lawfullness”).

Another disputed moment, according to the former minister, deals with the proposed changes to the transitional provisions, which he said are enacted norms "where any intervention may entail the circumvention of the obstructive retrocative effect of a deteriorating norm".

“The situation would be different, of course, if a systemic and comprehensive documents was submitted,” Danielyan said, refraining from further comments on respect for the rules of legislative technique.

 

 

 

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