Constitutional changes aimed at political consolidation – lawyer
In an interview with Tert.am, Gevorg Danielyan, a doctor of jurisprudence who heads the Chair of Constitutional Law at the Yerevan State University, commented upon President Serzh Sargsyan’s recent speech addressing the constitutional amendments, agreeing with his idea that the amended basic law aims to promote a reasonable consolidation among the political forces.
At the reception given on his behalf, the President of Armenia said he expects the constitutional reforms to make the political system more open, flexible and internally intricate, and to conform to our dynamically developing social standards. When do you think it will happen, and can you bring a specific example to illustrate that?
Yes, the document does contain contradictory but justified trends. A very important reservation that needs to be mentioned first is that changes to the Constitution enter into effect a day after their official publication. Hence, [the amended Constitution] is now fully effective, with the enactment of just several provisions being now at issue.
The key provisions will be fully enacted by the president-elect upon taking office, i.e. - in about two years. A significant part will be carried into effect by the next National Assembly.
The very idea of collegial governance speaks of the political system’s transparency and flexibility, and it is beyond doubt that such a system never promises easy and predictable decision-making procedures; it will necessitate a greater focus on negotiating [processes], mutual understanding and mutual concession.
The Government will function under the parliament’s unprecedented control, and its political forces – even though few in number – will be able to not only periodically impeach the government but also create, without restraints, inspection committees, initiate a referendum etc. If we add to that the fact that the citizens have received similar leverages of influencing the public authorities, the picture will become absolutely clear. This makes the matters complicated for the Government and other public authorities, but there isn’t apparently a shorter way to achieve democracy and civilization.
I cite the president’s second statement saying that the “Constitution will become a tool of national consensus”. Do you agree that the change in the government model will pave way to an inter-party consensus? What are the grounds that could make it a document of national consensus? Just one example, if you please.
You are partly right that the Constitution is first of all aimed at the promoting the political forces’ reasonable consolidation; yet, a political consolidation cannot but have its reflection on the society. The question is comprehensive enough to be covered thoroughly in one interview, but I will, nonetheless, bring one example. The political system we have today literally deprives political parties of exercising influence on political processes, particularly, key decision-making, whereas the new ‘rules’ give them leverages to not only ally with co-thinkers to gain inevitably a higher political weight but also a legal leverage to influence those processes.
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