Can Armenia’s ruling party change the Constitution without a two-thirds majority? (EXPLAINER)

Following Armenia’s parliamentary elections, debate has emerged over whether the ruling Civil Contract party can initiate major constitutional changes without holding a two-thirds majority in the National Assembly.

Civil Contract controls 64 of Parliament’s 105 seats. This gives the party a three-fifths majority, but it remains six votes short of the 70 seats required for a two-thirds majority.

That difference is important because Armenia’s Constitution establishes separate procedures for ordinary legislation, constitutional laws and amendments to the Constitution itself.

What is required for a new constitution?

Under Article 202, a proposal to adopt a new Constitution or amend its most fundamental provisions may be initiated by at least one-third of lawmakers, the government or 200,000 eligible voters.

However, initiating the process does not automatically place the proposal before voters.

The National Assembly must first approve the decision to hold a referendum by at least a two-thirds majority. In the current Parliament, that requires 70 votes.

Civil Contract therefore cannot independently send a new Constitution or major constitutional amendments to a referendum. It would need the support of at least six opposition lawmakers.

What does the 300,000-signature mechanism apply to?

The Constitution also provides a separate citizen-led referendum mechanism.

Under Article 204, if Parliament rejects a draft law originally proposed by citizens, the proposal may be submitted to a referendum if it receives the support of 300,000 eligible voters.

This mechanism applies to citizen-initiated draft laws. It does not replace the special procedure established for adopting a new Constitution or amending the Constitution’s most important provisions.

For major constitutional changes, the two-thirds parliamentary requirement remains in place even when the initiative originates from citizens.

Are all constitutional amendments treated the same way?

No. The procedure depends on which constitutional provisions are being changed.

Certain articles cannot be amended under any circumstances. These include Articles 1, 2, 3 and 203, which establish the foundations of Armenia’s constitutional order and the limits of constitutional amendments.

A new Constitution and amendments to the most fundamental constitutional provisions require parliamentary approval by a two-thirds majority before being placed before voters.

Other constitutional articles follow a somewhat different process. Amendments may be proposed by at least one-quarter of lawmakers, the government or 150,000 eligible voters.

Parliament may adopt those amendments with a two-thirds majority. If the proposal fails to receive two-thirds support, a three-fifths majority may vote to submit it to a referendum.

Civil Contract already holds more than three-fifths of Parliament’s seats. It may therefore be able to send amendments involving less fundamental constitutional provisions to a referendum without opposition support.

That route does not apply to an entirely new Constitution or changes to the Constitution’s foundational provisions.

The bottom line

Civil Contract’s parliamentary majority gives it broad control over legislation and constitutional laws, but it is not sufficient to independently approve a referendum on a new Constitution or major constitutional amendments.

The 300,000-signature mechanism cannot be used to bypass the two-thirds requirement for such changes.

To place a new Constitution or amendments to Armenia’s most important constitutional provisions before voters, Civil Contract would need at least 70 parliamentary votes—and therefore support from the opposition.