Smoke, Mirrors and the Joker in the Pack: On Transitioning to Democracy and the Rule of Law in Post-Soviet Armenia

93 Pages Posted: 28 Jun 2007 Last revised: 10 Feb 2012

See all articles by Karen E. Bravo

Karen E. Bravo

Indiana University Robert H. McKinney School of Law

Abstract

After September 1991, when the Republic of Armenia declared its independence from the Soviet Union, the country was held up often as a beacon of democracy among transitional countries. This article uses the disputed 2003 Armenian Presidential elections and analysis of Armenia's constitution as lenses through which to assess the transition to democracy and adherence to the rule of law in Armenia. Through analysis of the conduct of and events surrounding the elections of 2003 (and employment of personal and anecdotal narratives to give flavor to those events), the status of the Armenian judiciary, and relevant Armenian Constitutional provisions, I posit that, despite the wide-ranging changes in the legal and political landscape since 1991's independence from the Soviet Union, rule of law reform and the spread of democracy is largely superficial and formalistic. Rather than enjoying democratic freedom and the protection of the rule of law following Armenia's independence from the Soviet Union, Armenians are experiencing a curtailment of liberty and the capture of the mechanisms of government.

The article attempts to identify the reasons for the failure of Armenia's initially successful transition. Among the endogenous and exogenous factors identified are: Armenia's strategic geo-political location, pervasive corruption and clientelism, the balance of powers enshrined in the Armenian constitution, nationalism and the Armenian Diaspora, and multilayered and sometimes conflicting donor country motives. While concluding that the factors are inextricably intertwined, thus making impossible assignment of blame to any single factor, the Article points to several fundamental mechanisms that may lead to rule of law and democratic reform.

Keywords: Armenia, democracy, rule of law

JEL Classification: K33

Suggested Citation

Bravo, Karen E., Smoke, Mirrors and the Joker in the Pack: On Transitioning to Democracy and the Rule of Law in Post-Soviet Armenia. Houston Journal of International Law, Vol. 29, No. 3, 2007, Available at SSRN: https://ssrn.com/abstract=996450

Karen E. Bravo (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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