COMPETENCES OF ORGANS OF CONSTITUTIONAL CONTROL
ON JURISDICTIONAL DISPUTES AND THE PRACTICE OF THEIR REALIZATION
(INTERNATIONAL EXPERIENCE)

F. Tokhian
Member of the Constitutional Court
of the Republic of Armenia

Summary

In the world the organs of constitutional justice have an important role in the provision and the practical realization of the fundamental jurisdictional principles, first and foremost the principle of separation of powers.

In the article it is indicated that for the achievement of this objective the organs of constitutional justice are provided with two kinds of competences:

to consider the arguments of constitutional character horizontally - between the state organs, and vertically - between the federative or unitary state and its components.

But the legislation of many countries differently defines the volume of these competences, the procedure of their realization, the circumstances of the admittance of competence arguments, etc.

In the article we can see that in the states, the constitutional legislation of which doesn't distinguish separately the competence on the arguments between the state organs, practically the organs of constitutional control realize this competence in the framework of other proceedings.

The author supposes that the distinction of the special competence, special procedure on the arguments between the state organs assists to stability of the constitutional legal statute of Constitutional Courts.

In the author's point of view for more valuable protection of the constitutional principle of separation of powers, it is necessary to provide the Constitutional Court of the Republic of Armenia with the independent competence of interpretation of the Constitution not in the abstract form, but only on the request of the highest organs of the state power concerning the competence arguments.