Armenia 1995
Armenia's 1995 constitution was part of the wave of constitution writing that followed the breakup of the Soviet Union.
The Armenian Supreme Soviet had authority to amend the constitution and to secede under the old Soviet rules. On August 23, 1990, Armenia's Supreme Soviet adopted a Declaration of Independence. About a month later, on September 21, 1990, with a 95.5 percent turnout, over 94 percent of the voters in a referendum supported secession from the USSR. On September 23, the country declared itself an independent state. The Declaration of Independence adopted on August 23, supplemented by laws on the presidency, the Supreme Soviet, and the structure of government adopted in 1991, served as an interim constitution.
A Constitutional Commission, chaired by the president and comprised of members of the Supreme Soviet appointed by him, was established in November 1990. The 259 members of the unicameral Supreme Soviet had been elected earlier in 1990 through a double ballot majoritarian process. Some, but not all, legislative parties were represented in this first Constitutional Commission, but the president rejected the notion that the constitution should be negotiated between contending political forces.
The constitutional process evolved, and was much delayed, as the government dealt with a series of economic, political and social crises. Since 1988, Armenia had been at war with Azerbaijan over the region of Nagorno-Karabakh, a Christian enclave of 180,000 Armenians entirely surrounded by the territory of Muslim Azerbaijan. A cease-fire, often violated, was finally achieved in September 1992. Energy and food crises further distracted the government's attention in 1993. Nonetheless, in June 1993, the Constitutional Commission presented a draft.
The draft text attracted immediate criticism. Several opposition parties had developed their own texts, which differed dramatically from the commissio's version. On April 13, 1994, the Constitutional Commission expanded to include more of the parties. Although the commission thus became more representative, some parties continued to boycott its sessions. In June 1994, the commission released a new draft.
A two-thirds vote in favor in the Supreme Soviet was required to adopt the constitution. There was no opportunity provided for public comment during the development of the draft, but the televised debates within the Supreme Soviet attracted great interest. The Supreme Soviet finally approved a document on May 12, 1995, and a referendum was scheduled for June 5, 1995.
A Law on National Assembly, adopted on March 29, 1995, spelled out the procedures for the referendum. A 24-day public education campaign, actually a pro-constitution effort, included speeches by the president and opposition leaders. Ratification required only a simple majority of those voting provided that at least one-third of the eligible voters voted their approval. In the referendum, 68% cast votes in favor, 28.7% against. The constitution took effect on its date of publication. Elections were held two weeks after the referendum