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Constitutional Court of Armenia

Constitutional Court of Armenia
ՀՀ սահմանադրական դատարան
Coat of arms of Armenia.svg
The coat of arms for the Republic of Armenia, used by the court
President
Currently Gagik Harutyunyan
Since 1996

The Constitutional Court of the Republic of Armenia (The Armenian Constitutional Court) (Armenian: ՀՀ սահմանադրական դատարան) is the highest legal body for constitutional review in Armenia. It is a judicial body which is separate and independent from the executive, the legislative and the judiciary. It is responsible for supervising the constitutionality of laws and other legislative instruments. The law of constitutional court of the Republic of Armenia is defined both in Armenian constitution and in law.

It was established in 1995. Since 1996 the president of the Constitutional Court has been Gagik Harutyunyan.

In December 1988, a Constitutional Control Committee was set up under an amendment to the Constitution of the Soviet Union. The Law of the Union relating to this Committee also provided for creating a Constitutional Control Committee in each Republic of the Union, which never actually happened.

In 1991, the Armenian legislature considered setting up a Constitutional Court, although it never actually did so (two laws, namely the Law on the President of the Republic of 1 October 1991 and the Law on the Supreme Council of the Republic of Armenia of 19 November 1991, simply alluded to such a Constitutional Court). However, no law or amendment to the Constitution of the Armenian SSR was ever adopted to put this declaration of intention into effect.

The new Constitution promulgated by referendum on 5 July 1995 finally set up the Armenian Constitutional Court. The Law on the Constitutional Court was adopted by the Armenian National Assembly on 20 November 1995 and signed by the President of the Republic Levon Ter-Petrosyan on 6 December 1995. On 5 and 6 February 1996 the members of the Constitutional Court were appointed and the Court began operating on 6 February 1996, when its members were sworn in before the National Assembly.

In 2005 Constitutional reforms took place in the Republic of Armenia. On November 27, 2005, the text of the RA Constitution (with the Amendments) was adopted by referendum. The amendments addressed the system of constitutional justice. Article 93 of the Constitution enshrined: “The Constitutional Court shall administer the constitutional justice in the Republic of Armenia.” According to Article 94 of the Constitution “The powers, the procedures of formation and activities of the courts shall be defined by the Constitution and laws." As a result of the Constitutional Amendments the scope of the persons applying to the Constitutional Court, as well as the scope of the objects of the constitutional control, was substantially extended, the Institute of the Individual Constitutional Complaint was established in the Republic of Armenia (Article 100 Point 6 of the RA Constitution).


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