The Powers of the Courts in the Appealling to the Constitutional Court of the Republic of Armenia With a Request to Review the Constitutionality of a Legal Act as a Condition for the Implementation of the Principle of Independence of Courts and Judicial Power

• Main Author: Yeranuhi S. Tumanyants
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2016-12-01
• Series: Сибирское юридическое обозрение
• Subjects: самостоятельность; судебная власть; конституционное правосудие; запрос суда; конституционность закона; институт индивидуальной жалобы; selfdependence; judicial power; constitutional justice; court request; the constitutionality of law; the institute of individual complaint
• Online Access: https://www.siberianlawreview.ru/jour/article/view/555

The Author studies the problem of general jurisdiction courts’ appeals to the Constitutional Court of the Republic of Armenia with a request to review the constitutionality of a legal act as a condition for the implementation of the principle of independence of courts and judicial power. There are cases where the courts have expressed a legal position regarding the constitutionality of the provisions of a legal act, thus carrying out constitutional justice. At the same time, there are facts, when the courts do not at all considerthe request of the parties in the legal case to appeal to the Constitutional Court, nor do they motivate their refusal of such a request. The Constitutional Court of the Republic of Armenia insists that the courts motivate their decisions on such requests by the applicant. The solution of the problems requires a new quality of constitutional thought and culture.