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Development of the Constitutional Doctrine and the Stability of the Legal Positions of the Constitutional Court (on the example of the Republic of Armenia)

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Manasyan A.

Studia Politologiczne

2015

vol. 36

242-259

The article considers the issues concerning the binding nature of the legal positions of the Constitutional Court. The author conludes that the legal positions of the Constitutional Court are mandatory for all the state and local self-government bodies, their officials, as well as for the natural and legal persons in the whole territory of the Republic of Armenia. Moreover, not only the noted subjects, but also the Constitutional Court itself is bound by them, though these legal positions can be changed in case of existence of corresponding bases. In any case, while making the mentioned changes one should take into account the main key for the effective solution of the discussed issue – finding balance between the continuity and predictability of the practice of the Constitutional Court and the values, underlying the development of the constitutional doctrine, in each concrete situation, accompanied with the observance of the principle of “expedient self-restraint” by the Constitutional Court.

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1 Studia Politologiczne

1 Manasyan A.

1 2015

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Development of the Constitutional Doctrine and the Stability of the Legal Positions of the Constitutional Court (on the example of the Republic of Armenia)