CONSTITUTIONAL DEVELOPMENTS IN ARMENIA: NEW ELECTORAL SYSTEM, (B)OLD PARTY SYSTEM
Abstract
On December 6, 2015 the citizens of Armenia approved a far-reaching constitutional reform by referendum. The new constitution formally provides more extended protection of fundamental rights and freedoms. In addition, it introduces a new institutional framework, whereby Armenia becomes a parliamentary democracy. Armenia is, therefore, going to be a case-study of importance, as it is one of the few democracies transitioning from a semi-presidential regime to a parliamentary regime (to my knowledge, another example in this sense is the Republic of Moldavia). Time and constitutional jurisprudence will tell whether the Constitution will concretely be a “thrust for a new beginning”, as stated by Armenian President Serzh Sargsyan, or another tool in the hand of the government to further entrench its political power.
The present paper aims to outline the basic features of the new Electoral Code, which was adopted by parliament on May 25, 2016. The constitution required, in fact, parliament to adopt a new code in a fairly short amount of time, that is by June 1, 2016.
In framing the new electoral system the legislature expressly drew from the Italian electoral law no. 52/2015 (so-called Italicum). Therefore, the paper intends to examine, in turn, the Armenian Electoral Code and the Italian electoral law, providing. It further aims to engage in a comparative analysis between the Armenian and Italian electoral system to see how the original model has been interpreted and whether a legal transplant occurred. Finally, by outlining the structural similarities and differences between the two countries, the aim is to assess whether the reform can be successful in striking a proper balance between representation and governmental stability, which is the declared purposes of the reform.
