CONSTITUTIONAL FOUNDATIONS OF THE RELATIONSHIP BETWEEN INTERNATIONAL TREATIES AND DOMESTIC LEGAL NORMS WITHIN THE SYSTEM OF CONSTITUTIONAL LAW OF THE REPUBLIC OF ARMENIA
https://doi.org/10.59982/18294359-26.1-is-21
Abstract
This article provides a comprehensive analysis of the legal status of international treaties and their position within the hierarchy of the legal system of the Republic of Armenia. Within the scope of the research, the author examines detailed consideration is given to the fundamental provisions enshrined in the Constitution of the Republic of Armenia, which predetermine the processes of integrating and harmonizing the norms of international law with domestic legislation.
Particular emphasis is placed on the hierarchical relationship between international treaties and domestic laws, analyzing the applicability of elements of “legal monism” in Armenia. The article provides a detailed discussion of the exclusive role of the Constitutional Court as the guarantor of compliance between international obligations and the Constitution, while also presenting the significance of preliminary constitutional review within the context of the state’s legal security.
Particular focus is placed on European standards for the protection of human rights and the influence of the case law of the European Court of Human Rights (ECtHR) on the judicial practice of the Republic of Armenia. The author argues that international treaties not only supplement domestic law but also serve as mandatory guidelines for interpreting constitutional norms.
As a result of the study, the author substantiates the primacy of ratified international treaties over domestic laws and emphasizes the necessity of their direct applicability (“self-executing” norms) as a key prerequisite for the rule of law and increasing the efficiency of justice.
Keywords: constitutional law, international treaties, legal system, constitutional court, human rights, ECHR, legal conflicts.
PAGES: 253-263