CC has no power to deprive Armenians of Independence Declaration -  opposition MP

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."