THE EVOLUTION OF THE CONSTITUTIONAL REGULATION OF FUNDAMENTAL RIGHTS IN ARMENIA
Keywords:
Constitution, fundamental rights, evolution, constitutional amendments, rule of law, social rights, subjective rights, Constitutional court, independence of the judiciary, council of justice, Supreme Judicial Coumcil, a law with direct effect, European Convention, dignity, right to general freedom of action, individual complaint, specific and abstract normcontrol, constitutional justice, Defender of human rights, restrictions of fundamental rights, dogmatics of fundamental rights.Abstract
Fundamental rights, as positive constitutional rights, do not have a long history in Armenia, and for the first time they found their constitutional regulation only in Soviet Armenia. However, in the Soviet state, where the individual was subordinate to the “interests of the society”, fundamental rights, regardless of how they were proclaimed in the Constitution, could not and did not have а character typical to modern legal states (I). In the modern Republic of Armenia, fundamental rights and their real role can be discussed only after independence (II), but two major constitutional changes were required to completely overcome the Soviet approaches to regulating fundamental rights(III and IV). However, the implementation of fundamental rights and their practical significance largely depends on the correct perception of fundamental rights by state bodies (primarily courts and administrative bodies) as the addressees of fundamental rights (V).
