Ter-Petrosian Move Constitutional?
This will demonstrate my poor knowledge of Armenia’s constitution, but I will still ask the question (which is not rhetoric).
Can Levon Ter-Petrosian run for presidency if he has already been elected twice?
The Armenian Constitution – which limits presidency to two terms with four five years each – was adopted after Ter-Petrosian got elected the first time. He resigned after getting elected the second time. Does this mean he can run again? Did the recent constitutional reforms address/change the question?
UPDATE: Please see the comment section for discussion.
6 Responses to “Ter-Petrosian Move Constitutional?”
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artmika on 08 Nov 2007 at 1:51 pm #
Armenian law prohibits only three consecutive terms, therefore, Ter-Petrosyan’s nomination is perfectly legal.
Onnik Krikorian on 09 Nov 2007 at 1:20 am #
Terms are five years. Parliament is four years. Anyway, I think the word consecutive is key. Still, on the other hand “more than two consecutive terms” could be open to interpretation.
Could it mean that two consecutive terms and then never being able to ever run again, or not more than two terms in a row. I would guess it is meant to mean the latter.
Funny, maybe Kocharian will come back again as well.
Onnik Krikorian on 09 Nov 2007 at 1:24 am #
But you know, that sentence could be interperated to mean that if you hold office for two consecutive terms you can’t run again. I’m sure it’s not meant to mean that, and nobody here — not least Levon or Kocharian — has said there’s a problem.
However, it could be open to interperation. I’m not expecting the issue to be raised, but you know, there is more than one way to look at it although I suppose the Constituional Court would have to rule on the matter.
For now, though, nobody is questioning Ter Petrosian’s eligibility.
Blogian on 09 Nov 2007 at 2:02 am #
Onnik, thank you for the clarifications and the references.
I checked the Armenian version of the text at the Constitutional Court website you cited and the language is identical to the English version – it mentions “two consecutive terms.”
I think it is clear from the Constitution that after having served two consecutive terms and someone in-between (like the American president Cleveland who was the 22nd and 24th president of the United States with Benjamin Harrison as the 23rd), a person can run for office again.
But the clause is somewhat vague because it doesn’t specify whether after the “break” the President can be elected another two consecutive terms and how many “breaks” can a president(ial candidate) get.
I mean look at this hypothetical scenario.
Ashot Heriknazyan gets elected as the President of Armenia from 2100-2105 for the first time. He gets reelected again and serves from 2105-2110.
Armine Poghosyan becomes Armenia’s president and serves two terms, 2110-2120.
Ashot Heriknazyan decides to come back and gets elected again (2120-2125). But he looses the second election, and Karine Karagozlyan gets elected. Karine serves two terms, 2125-2135, until the year when Ashot Heriknazyan becomes the president again for another two terms.
Since the president can be 35+, Ashot is in his 70s and has served as Armenia’s president 5 times. My question is, can someone constitutionally be elected to the president’s office for 5 nonconsecutive times according to Armenia’s constitution?
Since there is no precedent there can’t be concrete answers at this time. But I noticed that the notion of “no more than two consecutive terms” is not only applied to Armenia’s president in the Constitution. It is also the case for the Chairman of the Central Bank, the Chairman of the Control Chamber, and the Prosecutor General.
I wonder whether the question of the meaning, limitations and applications of “no more than two consecutive terms” has arisen in the case of the aforementioned offices. And if yes, I wonder what the precedent says.
Onnik Krikorian on 09 Nov 2007 at 2:20 am #
How about another similar scenario for you.
Robert Kocharian serves two consecutive terms and his prime minister becomes the next president but resigns after a few months, years, or even sees out one term in office before his predecessor is eligible to run again.
Nobody is suggesting this, of course, but I sometimes joke to people that it is feasible. As we don’t have real democratically structured parties with properly elected leadership as well as individual-based politicians, it’s quite scary.
I wonder what other constitutions say, and whether some kind of gap is defined inbetween?
BTW: One joke not in wide circulation but nonetheless it can be heard is that Levon Ter Petrosian wins next year’s election, is forced to resign over Karabakh, and Kocharian replaces him. Deja vu! 😉
Blogian on 09 Nov 2007 at 8:00 am #
It may sound a joke, but nothing is impossible, Onnik, especially given the confusing clause of the presidency term limit and Armenia’s retard politics.