Constitutional Reform as an Element of Political Transformation

The preparation of a new Constitution in Armenia has become one of the most sensitive political and legal processes in recent years. At the center of attention is the issue of amending the preamble of the Fundamental Law and abandoning formulations that contain territorial claims against Azerbaijan.

This issue extends far beyond a mere legal adjustment of the text and touches on fundamental aspects of regional security, the peace process, and the transformation of Armenia's own political culture.

The current Constitution of Armenia, adopted in 1995 and subsequently amended in referendums in 2005 and 2015, was shaped under the conditions of post-Soviet state-building and the unresolved Karabakh conflict. In those circumstances, many provisions of the state discourse, including symbolic formulations in the preamble, reflected the political atmosphere of that period.

After the end of the Second Karabakh War and a radical shift in the balance of power in the South Caucasus, the situation has fundamentally changed. Armenia finds itself needing to adapt its internal political and legal system to the new geopolitical reality. Constitutional reform is viewed by the authorities as part of a broader program of institutional modernization, which should ensure the state's stability and create conditions for normalizing relations with its neighbors.

The Preamble as a Political and Legal Symbol

Although the preamble of the Constitution is not formally a directly enforceable norm, it plays a significant role as a source of political and legal guidance. Through it, the historical foundations of statehood, ideological principles, and long-term goals for the state's development are articulated.

In the Armenian case, a key element of the preamble remains the reference to the 1990 Declaration of Independence of Armenia, which is based on the illegitimate joint resolution of the Supreme Council of the Armenian SSR and the so-called 'national council' of the self-proclaimed 'NKR.' This document enshrined political attitudes characteristic of the period of the USSR's dissolution and the organization of separatist movements. The exclusion of this specific reference is a condition for signing a peace agreement with Azerbaijan, as evidence of renouncing territorial claims to the territories of the Azerbaijani Republic.

From a legal perspective, such references may be perceived as declarative. Nevertheless, in international politics, symbolic formulations in key state documents become indicators of a state's strategic intentions. This is why the issue of amending the preamble has acquired such significant and fundamental importance in the context of Armenian-Azerbaijani relations. Moreover, the presence of such a preamble casts doubt on the legitimacy of the initialed peace treaty ready for signing.

The Link Between Constitutional Reform and the Peace Process

Negotiations on concluding a peace agreement between Armenia and Azerbaijan have continued following the liberation of occupied territories in 2020–2023. The Azerbaijani side has repeatedly stated that sustainable settlement is possible only if Armenia's legal system is free of formulations that could be interpreted as territorial claims.

This position has been repeatedly voiced by the country's leadership, particularly by President Ilham Aliyev. In Baku, it is emphasized that mutual recognition of territorial integrity must be enshrined not only in diplomatic documents but also in the national legislation of both parties.

For the Armenian government, led by Prime Minister Nikol Pashinyan and aware of the necessity of this condition, this creates a complex political dilemma. On one hand, normalizing relations with Azerbaijan and opening communications are seen as key conditions for the country's economic and political development. On the other, there is the challenge of overcoming resistance from parts of society and the political opposition, triggered by changes to symbolic elements of the state and ideological narrative.

Domestic Political Risks and Public Reaction

Constitutional reform inevitably becomes a subject of intense domestic political struggle. In Armenia, a significant portion of opposition forces uses the theme of national identity and mythical historical memory as a tool for political mobilization.

Nationalist circles view any changes related to abandoning previous formulations as a 'retreat' from 'historical principles of statehood.' Therefore, discussions about a new version of the Constitution, especially its preamble, may be accompanied by growing public tension and information campaigns within the country.

At the same time, recent sociological studies show that a significant portion of Armenian society is primarily focused on stability and security. For these groups, the prospects of peaceful coexistence and economic development are more important than preserving symbolic formulations in state documents.

International and Regional Context

Constitutional reforms aimed at eliminating potential territorial claims have precedents in international practice. In several countries, such changes have become part of peace agreements or processes of normalizing relations after prolonged conflicts.

For the South Caucasus, such a step would serve as an important signal of the parties' readiness for long-term settlement. Removing legal and symbolic barriers would facilitate progress in negotiations on a peace treaty and the creation of a more sustainable system of regional security.

Moreover, such changes could influence the international perception of Armenia as a state ready to adapt its political and legal system to new realities and build relations with neighbors based on mutual recognition of borders.

Possible Scenarios for Development

The future of constitutional reform will largely depend on several factors: 1) the results of public discussions on the draft Constitution; 2) the government's political ability to balance reforms with internal stability; 3) the continuation of negotiations on a peace treaty between Armenia and Azerbaijan.

If the changes are approved in a referendum, this could become one of the key steps toward a final resolution of the conflict. Otherwise, the negotiation process risks being delayed, as the issue of mutual recognition of territorial integrity remains one of the central points of dialogue.

Conclusion

The preparation of a new Constitution for Armenia reflects a broader process of rethinking the state's role in a changed regional environment. Amending the preamble could become not only a legal correction of the text but also a symbolic step demonstrating readiness to move from the conflict-driven logic of the past to a model of coexistence and cooperation.

This is why the discussion of a few lines in the Fundamental Law has effectively turned into a strategic issue, on which depends not only Armenia's internal political dynamics but also the prospects for long-term peace in the South Caucasus.

Author: Namik Aliyev,
Doctor of Legal Sciences, Professor,
Ambassador Extraordinary and Plenipotentiary,
Head of Department at the Academy of Public Administration under the President of the Azerbaijani Republic