International Methodological Basics of Electoral Law (From Antiquity to Modern Times: Philosophy-Legal Dimension)

Authors

  • Armen HARUTYUNYAN Russian-Armenian University, Yerevan, Armenia

DOI:

https://doi.org/10.24234/wisdom.v18i2.496

Keywords:

international law, electoral law, philosophy-legal basics, democracy, political rights, democrat

Abstract

The contemporary democratic states consider the concept of political rights, especially the right to vote as a fundamental pillar above all other rights. The political rights are dominant only due to their implementation: people have an opportunity to exercise their power on the one hand, and transfer their power without any political upheavals on the other.

In this regard, it is worth highlighting that the political rights are one of the corner-stone rights for modern democratic rule of law. According to this thesis, we can persist that the problems of the realization of political rights are decisive and highly important even for the declared and transitional democratic states.

In this respect, the Republic of Armenia is no exception as the problems of the implementation of political rights are definitely the electoral rights. These rights are among the most acute social problems that young Armenian democracy has faced after the independence.

The issues in implementation of the political rights are steadily coupled with the problems of imposing punishments for crimes directed against political rights. As the experience of the Republic of Armenia has shown, the number of crimes directed against political rights has increased over the years. The tendency of the growth of the above-mentioned crimes has objective and subjective reasons. Among the objective reasons, we can note the transitional character of Armenian democracy. As for justice, it should be noted that such problems are inherent in almost all transitional states and especially, for modern countries. It is easier to understand, when we observe the experience of communities, which try to pass from the totalitarian rails of state governance to democratic ones. From the other side, the social and economic reasons of the state, poverty of the population can be considered as an objective reason. In terms of subjective reasons, firstly, the disproportionate punishment for crimes directed against political rights should be pointed out, which are the central obstacles for the implementation of political rights.

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Author Biography

Armen HARUTYUNYAN, Russian-Armenian University, Yerevan, Armenia

(PhD in Political Science, Master of Law) is a Senior Lecturer of Political Science Chair at Russian-Armenian University, Yerevan, Armenia. His areas of interest include Nagorno-Karabakh conflict, electoral law, electoral process, political technologies, crimes against political rights. Harutyunyan is the author of 1 monograph, one teaching manual, and 20 scientific articles. Recent publications: “Parliamentary-Presidential Elections in the Republic of Artsakh in an Emergency Situation of International Importance”, “Some Political and Legal Aspects of the Formation of Democratic Consolidation in the Republic of Artsakh”.

References

Constitution of the Republic of Armenia. (2015). Retrieved from http://www.parliament.am/parliament.php?id=constitution&lang=eng

Document of the Copenhagen meeting of the conference on the human dimension of the CSCE. (1990, June 29).

Election obligations and standards. A carter center assessment manual. (2014). Atlanta.

Fragmenty rannikh grecheskikh filosofov (Fragments of the early Greek philosophers, in Russian). (1989) (Vol. 1). Moscow: Nauka.

Guidelines for reviewing a legal framework for elections. (2013). (2nd ed.). Warsaw: OSCE Office for Democratic Institutions and Human Rights (ODIHR).

Hayastani Hanrapetut’yan y’ntrakan orensgirq (Electoral code of the Republic of Armenia, in Armenian). (2016, May 25). Retrieved from http://www.arlis.am/DocumentView.aspx?DocID=105967

International obligations for elections, guidelines for legal frameworks. (2014). Stockholm: International Institute for Democracy and Electoral Assistance.

Konvenciya o standartakh demokraticheskikh vyborov, izbiratel’nikh prav i svobod v gosudarst-vakh – uchastnikakh SNG (Convention on the standards of democratic elections, electoral rights and freedoms in the member states of the Commonwealth of Independent States, in Russian). (2002, October 7). Retrieved from https://cis.minsk.by/page/616

Merloe, P. (2008). Promoting legal frameworks for democratic elections. Washington: National Democratic Institute for International Affairs.

Mezhdunarodnoe sotrudnichestvo v oblasti prav cheloveka. Dokumenti i materialy (International cooperation in the field of human rights: Documents and materials, in Russian). (1993). (Vol. 2). Moscow.

Mirumyan, K. (2004). Istoriya politicheskoi nauki. Epokha antichnosti (History of political science. The age of antiquity, in Russian). Part 1. Yerevan: RAU.

Nersesyants, V. (1979). Politicheskie ucheniya drevnei grecii (Political teachings of Ancient Greece, in Russian). Moscow: Nauka

Plutarch. (1994). Sravnitel’nye zhizneopisaniya (Comparative biographies, in Russian). Moscow: Nauka.

The United Nations General Assembly. (1966). International Covenant on Civil and Political Rights. Retrieved from https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

The United Nations. (1948). Universal Declaration of Human Rights. Retrieved from http://www.un.org/en/universal-declaration-human-rights/index.html

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Published

2021-06-25

How to Cite

HARUTYUNYAN, A. (2021). International Methodological Basics of Electoral Law (From Antiquity to Modern Times: Philosophy-Legal Dimension). WISDOM, 18(2), 103–113. https://doi.org/10.24234/wisdom.v18i2.496

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