G. Harutyunyan
President of the Constitutional Court
of the Republic of Armenia

The perspectives for perfection of the constitutional justice:
(functional and institutional issues)

 

Summary

The author has represented his report in the form of some theses and generalizations:

1. The tendencies of development of the constitutional justice system are directed to make all acts and actions of the constitutional institutes an object of the constitutional control, and all constitutional subjects, and first of all, a human being, to have the right to address to the Constitutional Court.

2. The functional and institutional aspects for perfection of the constitutional justice system in the new millenium should be based on the tendencies for development of constitutionalism, generalized by the author, and should become a determinable link of a full value immune system of the public-state organism.

3. The increasing role of the constitutional justice in the new millenium requires a qualitative rise of the scientific staff of this system.

4. As it is mentioned in the report‚ only at the presence of the certain necessary and sufficient preconditions the system of the constitutional justice can function effectively and completely in the new millenium.

5. The capability of the constitutional control system is directly depended on the constitutional decisions themselves. The Constitution should have necessary and sufficient system of an inter-constitutional self-defense. The estimation of a level of the realization of the said principle, in the opinion of the author, consists of the maintenance of a guarantee for the supremacy of right, the functional full value and the independence of carrying out the separated power, the systematization of a combination of functions and powers, and also the continuity and the systematic equation of the state authority.

6. The basic principles, which should become a criterion base for the formation of a capable system of the constitutional justice, especially in a society in transition, are: systematization of the constitutional control, the rationality of system and the continuity of its action‚ preventing nature of the control, the self-restriction of functioning of the system, the presence of an institutional system and the functional full value of the constitutional courts etc.