Interpretation of Statutes at Armenia
Here's a detailed overview of Interpretation of Statutes in Armenia, focusing on how Armenian law handles the reading and application of legal texts:
⚖️ Overview: Interpretation of Statutes in Armenia
In Armenia, the interpretation of statutes is guided by principles rooted in civil law tradition, heavily influenced by continental European legal systems. Interpretation ensures that laws are applied as intended by the legislature while allowing room for judicial reasoning in complex or unclear cases.
📜 Sources of Legal Interpretation
The Constitution of Armenia (amended 2015)
Supreme legal authority; all statutes must conform to the Constitution.
The Constitutional Court interprets constitutional provisions and reviews legislation for compliance.
Law on Normative Legal Acts (2002, amended)
Regulates how legal norms are drafted, published, and interpreted.
Stresses clarity, legal hierarchy, and consistency.
Civil Code and Criminal Code
Contain specific provisions on how laws should be understood and applied within civil and criminal proceedings.
Judicial Decisions
Although Armenia does not follow a common law system, court decisions, especially by higher courts, serve as persuasive (not binding) interpretations of statutes.
🏛️ Types of Interpretation
Grammatical (Literal) Interpretation
Focuses on the plain meaning of words in the law.
Used as the first approach, particularly in lower courts.
Systematic Interpretation
Considers the context of the provision within the broader legal system.
Compares related statutes and principles for coherence.
Teleological (Purposive) Interpretation
Emphasizes the legislative intent and purpose behind the statute.
Frequently used by the Constitutional Court.
Historical Interpretation
Examines the historical context or legislative history during the adoption of the law.
🏢 Key Institutions in Statutory Interpretation
Constitutional Court of Armenia
Provides authoritative interpretations of the Constitution and may nullify laws that contradict it.
Can be petitioned by the President, Parliament, courts, and citizens (under specific conditions).
Court of Cassation
Highest court in the judiciary; provides guiding interpretations of civil and criminal laws.
Ministries and Legal Departments
May issue internal legal interpretations for administrative purposes, though these are not binding judicially.
📘 Legal Education and Doctrine
Armenian legal scholars contribute to statutory interpretation through commentary and academic work.
Legal interpretation is taught in law faculties as a core discipline, reinforcing civil law principles.
Summary Table
| Area | Details |
|---|---|
| Legal Tradition | Civil law (influenced by continental Europe, especially France and Germany) |
| Primary Methods | Literal, systematic, purposive, historical |
| Key Institutions | Constitutional Court, Court of Cassation |
| Source Law | Constitution, Law on Normative Acts, Civil/Criminal Codes |
| Role of Judicial Decisions | Persuasive but not binding precedent |
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