Constitution

Armenia 1995 Constitution (reviewed 2015)

Table of Contents

CHAPTER 15. ADOPTING AND AMENDING THE CONSTITUTION; THE REFERENDUM

Article 202. Adopting and Amending the Constitution

  1. The Constitution shall be adopted, and amendments to Chapters 1-3, 7, 10, and 15, as well as Article 88, the first sentence of Paragraph 3 of Article 89, Paragraph 1 of Article 90, Paragraph 2 of Article 103, Articles 108, 115, 119-120, 123-125, 146, 149, and 155, and Paragraph 4 of Article 200 of the Constitution shall be adopted, only through a referendum. The right of the initiative to adopt or amend the Constitution shall belong to at least one third of the total number of parliamentarians, the Government, or 200,000 citizens having voting right. The National Assembly shall adopt a decision on putting a draft to the referendum by at least a two-thirds majority vote of the total number of parliamentarians.
  2. Except for the Articles listed in Paragraph 1 above, amendments to the other Articles of the Constitution shall be adopted by the National Assembly by at least a two-thirds majority vote of the total number of parliamentarians. The right of the respective initiative shall belong to at least one quarter of the total number of parliamentarians, the Government, or 150,000 citizens having voting right.
  3. If draft amendments to the Constitution prescribed by Paragraph 2 of this Article are not adopted by the National Assembly, then it may be put to a referendum by a decision adopted by at least a three-fifths majority vote of the total number of parliamentarians.

Article 203. Unamendable Articles of the Constitution

Articles 1, 2, 3, and 203 of the Constitution shall not be amended.

Article 204. Referendum on a Law Draft Submitted by Popular Initiative

  1. If the National Assembly rejects a draft law submitted in the manner stipulated by Paragraph 6 of Article 109 of the Constitution, then the draft shall be put to a referendum if, within 60 days of such rejection, an additional 300,000 citizens having voting right join the initiative of adopting the draft law, provided that the Constitutional Court finds the draft to be in conformity with the Constitution. The validity of signatures of the participants of the popular initiative shall be confirmed by the Central Electoral Commission.
  2. Laws adopted through a referendum may be amended only through a referendum. Such an amendment may be made at least one year after the adoption of the respective law.
  3. Draft laws concerning the following may not be put to a referendum: the regulatory object of constitutional laws, the state budget, taxes, duties, other compulsory fees, amnesty, state defense and security, international treaties, and other matters stipulated by the Law on Referendum.

Article 205. Referenda on the Membership of the Republic of Armenia in Supranational International Organizations and Changes of Territory

  1. Questions of membership of the Republic of Armenia in supranational international organizations, as well as questions concerning changes of the territory of the Republic of Armenia shall be solved through referenda.
  2. In the case stipulated by Paragraph 1 of this Article, the decision to conduct a referendum shall, by proposal of the Government, be adopted by the National Assembly by majority vote of the total number of parliamentarians.

Article 206. Setting a Referendum

Within a three-day period of the Constitutional Court adopting a decision finding that a draft law presented by popular initiative is in conformity with the Constitution, or within a three-day period of the National Assembly adopting a decision to conduct a referendum, the President of the Republic shall set a referendum. The referendum shall be conducted no earlier than 50 and no later than 65 days after setting the referendum.

Article 207. Adoption of the Act Put to a Referendum

The act put to a referendum shall be adopted if it is voted for by more than half of the referendum participants, but no less than one quarter of the citizens that have the right to participate in referenda.

Article 208. Prohibition of Conducting a Referendum

A referendum shall not be conducted during martial law or a state of emergency.