Norik Shahnazaryan

THE ISSUES IN THE DIRECT APPLICATION OF THE CONSTITUTION OF THE REPUBLIC OF ARMENIA

https://doi.org/10.59982/18294359-26.1-gh-17

Abstract

This article is devoted to the analysis of the issue of the direct application of the Constitution of the Republic of Armenia, which is of key importance from the perspective of establishing a rule-of-law state and ensuring the effective protection of fundamental human and civil rights. The relevance of the topic stems from the fact that the Constitution, as an act of supreme legal force, must act not merely as a declaratory document, but also as a directly applicable legal basis within the activities of state bodies and courts. However, in law enforcement practice, difficulties frequently arise regarding the direct application of constitutional norms, their interpretation, and their relationship with sectoral legislation—highlighting the need for ongoing scholarly research into this issue.

The aim of the article is to analyze the essence, boundaries and peculiarities of application of the institution of the direct application of the Constitution in the legal system of the Republic of Armenia. In this context, a number of tasks are posed: to clarify the theoretical foundations of the direct applicability of constitutional norms, to address some aspects of their practical implementation, as well as to point out possible differences between existing approaches.

As a result, a number of approaches and solutions are proposed aimed at strengthening the real and effective implementation of constitutional norms, which is an important prerequisite for the development of a legal state and a culture of constitutionalism in the Republic of Armenia.

Keywords: Constitutional law, norm of reality, direct application, legislation, constitutional reforms, constitutional control, constitutional culture.

PAGES: 206-219

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