I once wrote that perhaps Pashinyan would swear to Aliyev and Erdogan that he would amend the Constitution in the way they want, and take certain steps to prove his unwavering commitment. It’s clear that fulfilling this Turkish-Azerbaijani demand within 2-3 months is unrealistic, so the government seems to be resorting to “palliative” measures.
Time will tell if the Constitutional Court’s decision regarding the Declaration of Independence and the Constitution will serve as a substitute for the referendum demanded by Azerbaijan. In my view, Aliyev has no real intention of signing any agreement, and the demand to change the Constitution is just an excuse to avoid signing.
However, I have equally important concerns. The Constitutional Court has made an obviously political decision, influenced by the calculations of the executive branch. In other words, the CC was and remains a political tool of the government, which, in my opinion, is the clearest contradiction to the claims of “democracy.” The key hallmark of democracy is the separation of powers, which does not exist in Armenia. But even that isn’t the worst of it.
If the “high court” can “invalidate” the country’s fundamental document or any of its clauses for political reasons, then no law is truly secure. For instance, the CC could theoretically decide that the Republic of Armenia is no longer a sovereign, democratic, social, legal state because the term “social” is outdated. Or it could even declare Pashinyan the emperor of Armenia, “in light of new realities.”
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Of course, no government lasts forever. Moreover, no administration before Pashinyan dared, and I’m sure no government after him will dare to tamper with the foundations of the state simply to appease an enemy or cling to power. However, I fear that these manipulations with the Declaration of Independence are laying the groundwork for irreversible processes that will take decades to “restore.”
Aram Abrahamyan
