Similarities Between The Constitutional Court And The Court Of Cassation

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The Constitutional Court and the Court of Cassation of the Republic of Armenia are constitutional bodies as they are defined by the Constitution. The latter defines the structure, the procedure of formation and the functions of the Constitutional and Cassation courts. These courts are bodies of justice and are included in the branch of judicial power that is defined in Chapter 6 of the 2005 Constitution of RA. Both of these courts are component parts of the judicial system. They are separate and independent from the executive and the legislative powers. Although, the Constitutional Court and the Court of Cassation have several similarities, they have peculiarities and typical characters that make them different from each other and from other courts of the legal system of Armenia. In the state system and judicial hierarchy, both the Constitutional Court and the Court of Cassation have their highest-ranking position and role. According to the Constitution, the Armenian judicial system consists of three levels: Courts of First Instance, Courts of Appeal and the Court of Cassation. The latter is considered to be the highest level of jurisdiction on the issues of criminal, administrative and civil cases (except constitutional justice issues that are subject to Constitutional Court’s judgment). In this regard, the Courts of First Instance and the Courts of Appeal are secondary or subordinate courts in compare with the Court of Cassation that is the top-ranked judicial instance in Armenia. As for the Constitutional Court, it is not included in this ordinary judicial system. However, it is the highest body of the constitutional justice and solves only constitutional cases and realizes powers prescribed by the Constitution. The main difference between the Constitutional Court and the Court of Cassation appears in their constitutional functions. …show more content…
As it is noted above, the Constitutional Court is the highest body of the constitutional justice, which provides predominance and a straightforward enforcement of the Constitution in the legal system of Armenia. It has a responsibility to manage the constitutionality of legal regulations and other law making instruments. Thus, its main function is to determine the acceptance of the laws and other legal acts with the Constitution. Moreover, it has a complete authority of the resolutions of the disputes arising from the results of referendum or from the decisions taken with respect to the elections of the Deputies and the President of the Republic of Armenia. To conclude on the existence of grounds for impeaching the President of Republic or on the incapacity by the President to discharge his responsibilities is also under the Constitutional Court’s jurisdiction. Besides, it provides conclusions also for other issues defined by the Constitution. In contrast, the function of the Court of Cassation is to provide the uniform application and development of law, the correct interpretation of legislative provisions. Its activity is generally addressed to contribute to the development of national law by solving civil, criminal and administrative cases and interpreting the laws in its …show more content…
Particularly, the Constitutional Court may adopt decisions and conclusions while realizing its applicable constitutional function. By constant, the Court of Cassation adopts only decisions as a result of reviewing a case. In this regard, the similarity is that the decisions and conclusions of the Constitutional Court should be final and should come into force following the publication thereof, as the decision of the Court of Cassation enters into legal force from the moment of its promulgation; it is final and is not subject to be

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