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Direct effect of the constitution and its impact on case-law in the Republic of Armenia

Authors :
Manasyan Anahit
Source :
Revista Institutului Naţional de Justiţie, Vol 14, Iss 3, Pp 53-60 (2021)
Publication Year :
2021
Publisher :
National Institute of Justice, 2021.

Abstract

The article considers the issues with regard to the direct effect of the Constitution. The topic is presented by analyzing the techniques for proper implementation of the Constitution and ensuring the constitutionality of the law enforcement/judicial practice. Author differentiates the content of the concepts „direct effect” and “direct implementation” of the Constitution, presenting the essence of each of the notions. Techniques for proper implementation of constitutional norms are suggested by the author, analyzing also the implementation priority rules. According to the author implementing legislative provisions in conformity with their constitutionallegal content is another precondition for ensuring the proper application of the Constitution. The law enforcement/judicial practice can become a subject of consideration by the Constitutional Court of the Republic of Armenia if itis not an issue of legitimacy of the mentioned practice, but an issue of constitutionality of the latter, an issue of evaluation of the circumstance whether the legal acts are implemented in conformity with their constitutional-legal content in the frames of the mentioned practice is raised.

Details

Language :
English, French, Romanian; Moldavian; Moldovan, Russian
ISSN :
18572405
Volume :
14
Issue :
3
Database :
Directory of Open Access Journals
Journal :
Revista Institutului Naţional de Justiţie
Publication Type :
Academic Journal
Accession number :
edsdoj.b05260c75d904201ace171d2966614a3
Document Type :
article
Full Text :
https://doi.org/10.52277/1857-2405.2021.3(58).09