In 1991, the Soviet Union disintegrated into fifteen separate countries, and Armenia, as a member of the Soviet Union, reestablished its independence. The Constitution of Armenia was adopted by a nationwide Armenian referendum on July 5, 1995. Armenians voted unanimously to adopt the new constitution that recognized Armenia as a unitary, multi-party, democratic nation state. In 2005, a new referendum was held to make amendments in the constitution in order for Armenia to be able to join the Council of Europe. The changes and the changes to the constitution were approved by 94.5% votes for the changes.
Although the first Amendments of the U.S. Constitution (‘’Bill of Rights’’) and the Constitution of Republic of Armenia were written more than two hundred years apart, they are similar on many levels. The first amendment of the United State’s constitution states the freedom of religion. This is represented within the 26th Article of the Armenian Constitution. The main difference between these two articles can be seen in the U.S. constitution, as it is stated: “no law respecting an establishment of religion.” In the Article 28 of RA Constitution Armenian’s it is stated much more specifically as “freedom of conscience and freedom of religion […].This right includes freedom to change the religion or belief and freedom to, either alone or in community with others manifest the religion or belief, through preaching, church ceremonies and other religious rites.” Armenian Constitution also has Article 14 to ensure that “the church shall be separate from the state in the Republic of Armenia […]. The Republic of Armenia recognizes the exclusive historical mission of the Armenian Apostolic Holy Church as a national church’’.
The both constitutions declare the person’s right to not be tried twice for the same crime. This is seen in Article 22 of RA Constitution and Amendment 5 of US Constitution. Both the RA Constitution and “Bill of Rights’’ state that no one shall be obliged to testify about himself/herself. This is seen in Article 22 and Amendment 5.
Amendment 6 and Article 20 both state the persons’ right to council, although the Armenian’s Article 20 is more explicit in its formulation and declares: “In cases prescribed by the law the legal assistance shall be provided at the expense of the state resources”. Amendment 1 and Article 29 of RA Constitution give the people the right to assemble and petition their governments.
The right to a speedy trial as prescribed by the 6th Amendment is mirrored in Article 19 of RA Constitution, stating. “Everyone shall have a right to restore his/her violated rights /…/ in a fair public hearing under the equal protection of the law and fulfilling all the demands of justice by an independent and impartial court within a reasonable time”. In the 8th amendment the subject of cruel and unusual punishment is embodied in Article 17, banning of torture, other inhuman or degrading treatment or punishment. This Article also ensures that no person will be subjected to scientific, medical and other experiments without his/her consent - something not seen in the United States’ Bill of Rights.
There are also significant differences between the constitution of Republic of Armenia and “Bill of Rights’’. These differences are mainly the results of the fact that the two nations were facing very different political problems when they drafted their constitutions. In Amendment 2 the United State’s constitution guarantees citizens right to keep and bear arms. There is not an article in the Armenian constitution that guarantees this. This is one of examples that there is not an article to cover a right that the United States has. Another instance that is not covered in the Armenian Constitution is the subject of an excessive bail. Amendment 8 states that neither excessive bail, nor excessive fine may be imposed.
