Development of the Constitutional Doctrine and the Stability of the Legal Positions of the Constitutional Court (on the example of the Republic of Armenia)
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Senior Adviser to the President of the Constitutional Court of the Republic of Armenia, PhD in Law
Publication date: 2019-12-23
Studia Politologiczne 2015;36
The article considers the issues concerning the binding nature of the legal positions of the Constitutional Court. The author conludes that the legal positions of the Constitutional Court are mandatory for all the state and local self-government bodies, their officials, as well as for the natural and legal persons in the whole territory of the Republic of Armenia. Moreover, not only the noted subjects, but also the Constitutional Court itself is bound by them, though these legal positions can be changed in case of existence of corresponding bases. In any case, while making the mentioned changes one should take into account the main key for the effective solution of the discussed issue – finding balance between the continuity and predictability of the practice of the Constitutional Court and the values, underlying the development of the constitutional doctrine, in each concrete situation, accompanied with the observance of the principle of “expedient self-restraint” by the Constitutional Court.
Article has been screened for originality
E. Kūris, (with others), Constitutional justice in Lithuania, Vilnius 2003.
E. Ku’ris, Constitutional Law as Jurisprudential Law – the Lithuanian Experience, with Special Reference to Human Rights, «Конституционное правосудие: Вестник Конференции органов конституционного контроля стран молодой демократии» 1(51) 2011.
D.P. Kommers, The Constitutional Jurisprudence of the Federal Republic of Germany, Duke University Press, Durham and London 1997.
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