Constitutional Court Cannot Nullify Declaration of Independence, Says Chief Justice
YEREVAN – The Constitutional Court has neither nullified nor possesses the authority to nullify Armenia’s Declaration of Independence, stated Chief Justice Arman Dilanyan.
In response to claims that the Constitutional Court, through its September 26 decision regarding the Armenia-Azerbaijan border delimitation regulation, had effectively nullified the Declaration of Independence, Dilanyan dismissed these assertions during a press briefing on November 14.
“No one can nullify the Declaration of Independence. The only entity that could do so is the people,” he affirmed.
Chief Justice Dilanyan expressed disappointment that the media had not covered the perspectives of eight justices, focusing instead on those of only three dissenting justices. “Around that decision, I observed almost everything except any serious legal criticism or arguments. I have yet to encounter a legal argument explaining why, in their opinion, that decision is wrong,” he remarked.
Dilanyan clarified that the court’s ruling reflects a position held for over thirty years. Furthermore, he noted, several contradictions arise when attempting to interpret the Constitution and the Declaration of Independence within the same legal framework.
“The Constitution is regarded as Armenia’s document of supreme legal authority, whereas the Declaration of Independence has never been fully incorporated into the Constitution. If we were to place the Declaration and the Constitution within the same level of legal force, it would be challenging to reconcile those contradictions,” he explained, adding that the court had examined the issue in detail for the first time and confirmed the existing legal reality.
On September 26, the Constitutional Court ruled that the regulation for the Armenia-Azerbaijan border delimitation commissions complies with the Constitution. The decision included a reference to the Declaration of Independence as a point of clarification, which prompted criticism.
