If none of the judges of the Constitutional Court resigns, the parliamentary majority will postpone the referendum on constitutional reforms indefinitely and send the draft resolution to Venice Commission. This information was published in the press without a reference to a formal source.
Since the government decided to resolve the issue of the Constitutional Court through a referendum a frequent opinion is heard from the circles of the former system that the referendum was psychological pressure on the members of the Constitutional Court to resign. At the same time, it is said that the Venice Commission will not allow such a solution, will consider it unlawful.
Even non-lawyers will notice that this solution has nothing to do with legal science. On the other hand, there has been no constitutional order in Armenia, it was a showcase hence it would be a lack of understanding to say that the resolution on referendum breaches the constitutional order or the rule of law. It still has to be established in Armenia. And for this reason, Armenia must first get out of the logic of revolution.
When progressive, open-minded, value-driven elites with a political mindset are present, the problem is resolved through minimum conflict, and elites quickly agree on the principles of the general rules of the game. No such elites are available in Armenia. At the same time, there is a newly-formed government with its up-to-date and strategic issues, and a former ruling system positioning as opposition to the government, which was specialized in corruption, appropriation of public money and prevention of rule of law.
At the same time, this system is also slow but will arrive at the understanding of reformatting and modernization due to certain challenges.
In this situation, the problem of the Constitutional Court becomes an occasion rather than a cause, an occasion to hold a revolution which will help to flip over a post-revolutionary page, a stage and get closer to the must of constructing new domestic public and political relations.
In this situation, the resolution of any judge of the Constitutional Court which would prevent the referendum or any step by Venice Commission, the Council of Europe which would prevent the referendum will be a step against Armenia. Such is the situation. The referendum must take place to clarify the post-revolutionary situation and the state of things.
The revolution in Armenia crushed the corrupt anti-constitutional system. Currently, some stereotypes and methodic perceptions, several criteria for the appraisal of the reality formed during the existence of this system must be crushed on all sides. The referendum will not address all these questions but will be an important step in this direction.