THE ORIGIN AND DEVELOPMENT OF THE IDEA OF CONSTITUTIONAL RESPONSIBILITY

Authors

DOI:

https://doi.org/10.46991/S&L/2023.96.079

Keywords:

positive constitutional obligation, democratic institutions, fundamental principles, recognition of human rights, freedom and equality, constitutional responsibility, constitutional institutions, state-legal life, issues of punishment

Abstract

The article is devoted to the historical foundations of the emergence of legal responsibility. The article presents the emergence of constitutional responsibility in the pages of the historiography of the Armenian reality,as well as the legal life of  foreign countries. Parallels have been  drawn in the newly created, successive periods and  the current  bases of legal responsibility. The peculiarities of the process of "constitutional construction" since the achievement of independence, the main ways of their improvement, the ways to avoid possible negative consequences and the tools were addressed. Important aspects related to constitutional legal relations and constitutional sanctions were discussed in the work. The issues of positive constitutional responsibility of state and local self-government bodies and officials were analyzed. The author proposed to enshrine the institution of constitutional responsibility in the Constitution of the Republic of Armenia. The article contains the important idea according to which the measures of constitutional responsibility are addressed to the subjects of constitutional legal relations, who bear the duty to follow the constitutional legal norms and to answer for their legally significant behavior. Nowadays, in the Republic of Armenia, the problem of responsibility of government bodies, officials and other subjects of constitutional legal relations is becoming more important due to the membership of the Republic of Armenia in the family of European states and the need to fulfill the obligations assumed by the state. Orientation towards Europe will not only allow the Republic of Armenia to conduct an effective transformation policy, but will also contribute to the formation of Armenia and the European Union, our most important strategic partner in the long term.

Author Biography

Herbert Harutyunyan, Yerevan State University

Applicant at the YSU Chair of Constitutional Law

Published

2023-09-30