In the years leading up to Armenia’s independence, the State operated under the 1978 Soviet-era constitution and the subsequent 1990 Declaration of Independence that led to the formation of the Third Armenian Republic as a sovereign independent nation in 1991. Since then, the stated goal of the leadership was that a new constitution was indeed necessary. Such a document finally came into existence on July 5, 1995.
As the only Constitution since independence, this single document has been substantially amended twice via nationwide popular referendums. In 2005, amendments introduced a semi-presidential system of government and expanded the authority of the Constitutional Court. In 2015, further amendments fundamentally changed the country’s political structure to a parliamentary republic, whereby the prime minister holds executive power.
The current government has made numerous calls for a new constitution, but to date, the one revised by the 2015 amendments, remains in effect. Within the document are various laws that specifically pertain to the power and rights of the State, and the recognition of the Armenian Apostolic Church. The laws delineate co-existence of these two sovereign institutions, each indispensable to Armenian statehood and cultural and historical identity of the Armenian people.
At the same time, the Armenian Apostolic Church has its own governing laws that are rooted in the 8th century with various modifications made throughout the medieval period and recodified in the early 20th century. These canons speak to the role of the Church among the Armenian Apostolic faithful, both in Armenia and throughout the Diaspora, with the latter carrying more administrative weight, given the distribution of the global Armenian population and dioceses.
Here are excerpts from both, serving as a guide to the reader and a reference for media and experts to draw their own conclusions concerning the self-governing rights of each entity as well as the role and rights of laypersons.
Armenian Church Canons: Election of Catholicos
The National Ecclesiastical Assembly (NEA) is the supreme governing body of the Armenian Apostolic Holy Church (AAHC). It is made of two-thirds lay representatives from the global Armenian nation and one-third clergy. The bylaws of the National Ecclesiastical Assembly of the Armenian Apostolic Church state:
Article A: The powers and the duties of the NEA shall be (a) to elect the Catholicos of All Armenians…(d) approve the Constitution of the AAHC d) determine the status of the different bodies of the AAHC, the limits and procedures of their spiritual authority….as well as the audit procedures of their operations.
In the event of a vacancy in the office of the Catholicos of All Armenians, within six months the Locum Tenens shall call a special session of the NEA to elect the Catholicos of All Armenians.
In the event of a vacancy (of the Catholicos), the Locum Tenens (elected by all Bishops of the AAHC) serves as President of the NEA.
Article B: The delegates of the NEA are (a) the Bishops of the AAHC, (b) the members of the Supreme Spiritual Council, (c) Diocesan Primates or Locum Tenens, (d) four delegates from the brotherhood of the Mother See of Holy Etchmiadzin, (e) four delegates from the brotherhood of the Great House of Cilicia, (f) four delegates from the Armenian Patriarchate of Jerusalem, (g) four delegates from the Armenian Patriarchate of Constantinople, and (h) delegates from the Dioceses and Catholicossal Delegations.
Delegates from the Dioceses are elected laypersons by Diocesan Assemblies of the dioceses of Armenian Church or communities around the world.
RA Constitution: Election of Prime Minister
Article 149. Election and Appointment of the Prime Minister
After the term of office of the newly elected National Assembly begins, the President of the Republic shall immediately appoint the Prime Minister from the candidate nominated by the parliamentary majority formed in accordance with the procedure established by Article 89 of the Constitution…The National Assembly shall elect the Prime Minister by a majority of the votes of the total number of deputies.
If the Prime Minister is not elected, a new election of the Prime Minister shall be held seven days after the vote, in which the candidates for Prime Minister nominated by at least one-third of the total number of deputies shall have the right to participate. If the Prime Minister is not elected by a majority of the votes of the total number of deputies, the National Assembly shall be dissolved by operation of law.
Article 89. Composition of National Assembly and Procedure for Election
The National Assembly shall consist of at least one hundred and one deputies.
In the National Assembly, seats shall be allocated to representatives of national minorities in accordance with the procedure established by the Elec-toral Code.
The National Assembly shall be elected by proportional representation. The Electoral Code guarantees the formation of a stable parliamentary majority. If a stable parliamentary majority is not formed as a result of the election or through the formation of a political coalition, a second round of elections may be held. In the event of a second round, the formation of new alliances shall be permitted. The restrictions, conditions and procedure for forming a political coalition shall be established by the Electoral Code.
RA Constitution: Armenian Church and Religious Organizations
Article 17. State and Religious Organizations
The Republic of Armenia guarantees the freedom of activity of religious organizations. Religious organizations are separate from the state.
Article 18. Armenian Holy Apostolic Church
The Republic of Armenia recognizes the exclusive mission of the Armenian Holy Apostolic Church as the national church in the spiritual life of the Armenian people, in the development of its national culture and in the preservation of national identity. Relations between the Republic of Armenia and the Armenian Holy Apostolic Church may be regulated by law.
RA Constitutions: Personal Freedoms
Article 41. Freedom of Thought, Conscience and Religion
Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, observance, practice or other forms of worship. The exercise of freedom of thought, conscience and religion may be limited only by law in the interests of national security, public order, health and morals or the protection of the fundamental rights and freedoms of others.
Article 42. Freedom of Expression
Everyone has the right to freedom of expression. This right includes freedom to hold opinions without interference by public authority and regardless of frontiers and to seek, receive and impart information and ideas through any media. Freedom of the press, radio, television and other media is guaranteed. The State guarantees the activities of independent public television and radio, offering a variety of informative, educational, cultural and entertainment programmes.
Freedom of expression may be restricted only by law in the interests of national security, public order, health and morals, or the protection of the honour and reputation of others and other fundamental rights and freedoms.
Article 44. Freedom of Assembly
Everyone has the right to freely participate in and organize peaceful, unarmed assemblies.
Assemblies organized in open spaces shall be held in cases prescribed by law on the basis of notification submitted within a reasonable period of time. Notification shall not be required for spontaneous assemblies.
The law may establish restrictions on the exercise of the right to freedom of assembly by judges, prosecutors, investigators, as well as by persons serving in the armed forces, national security, police and other militarized bodies…Freedom of assembly may be restricted only by law for the purposes of state security, crime prevention, protection of public order, health and morals, or the protection of the fundamental rights and freedoms of others.
