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The legal system of Armenia was founded on September 21, 1991 by the referendum on country's independence and by the declaration of independence on 23 September 1991. For the evolvement of Armenian law this phase was a turning point in nation’s historical development, because it marked the beginning of the establishment of an independent, sustainable legal system guaranteeing human freedoms, rights, legitimate interests and welfare. The highest legal form for this new platform of interaction of the Armenian state and society – the Constitution of the Republic of Armenia – was voted in the referendum from July 5, 1995. For historical reasons and the dictate of that time, the legal system of the Republic of Armenia began and still continues to evolve according to the patterns that describe the legal systems of civil law countries.〔R. David Traité élémentaire de droit civile comparé: Introduction à l'étude des droits étrangers et à la méthode comparative. Paris, 1950〕 The Constitution of Armenia is based on the model of the French Constitution,〔Khachatryan H.M. First Constitution of the Republic of Armenia, Yerevan, 1998.〕 and several principal aspects of the Civil Code of Armenia depict the model code of civil law elaborated for the Commonwealth of Independent States.〔Barseghyan T.K. Civil Law of the Republic of Armenia ; First Volume (4th Publication), Yerevan, 2014〕 In previous years the impact of German administrative legislation on the development of the relevant legal framework of Armenia has been obvious. Indeed, the legal system being built on new ideological and institutional merits continues to bear influence on various practices inherent to the legal procedures of Soviet Socialistic Republics. Being aware of the relativity of the classification of legal systems into legal families,〔Gabriel A. Moens and others, International Academy of Comparative Law. General Reports Delivered at the XVIth International Congress of Comparative Law. "Convergence of legal systems in the 21st century". Brisbane, 2002〕 one also needs to understand how the statutes are construed by the Constitutional Court of Armenia and the Cassation Court of Armenia. The constitutional justice in Armenia is carried out by the Constitutional court, and by virtue of the article 92 of Constitution and the article 15th of Judicial Code it is the Cassation Court of Armenia which is vested in the formation of predictable and consistent jurisprudence. The Republic of Armenia is a secular state, which presupposes regulation of public relationships solely by the state enacted legal acts. However, in the absence of Armenian statehood, the Armenian Apostolic Church played and now continues to play an essential role in the protection of humanitarian values constituting an indivisible part of the moral-physiological foundations of the Armenian legal system. For the aforementioned reason the wording of article 8.1 of Armenian Constitution states: “…The Republic of Armenia recognizes the exclusive historical mission of the Armenian Apostolic Holy Church as a national church, in the spiritual life, development of the national culture and preservation of the national identity of the people of Armenia.” == Legal culture (Legal ethno-culture) == The logical unity and hierarchy of canons, standards, rules (mostly known in legal science as positive law〔Kelsen, Hans, The Pure Theory of Law and State, 1960.〕) and their interpretation through the application of specific methodologies is indispensable but insufficient to build a comprehensive understanding of a legal system. In this context, legal system of the Republic of Armenia is not an exception. At the core of the legal system are the customs and practices of the specific society which have a decisive role to play in the overall effectiveness of legal practice of the country. “The essential key for an appreciation of a legal culture lies in an unraveling of the cognitive structure that characterizes that culture”.〔Legrand, Pierre "European Legal Systems Are Not Converging", International and Comparative Law Quarterly, 45: 52–8, 1996.〕 Lawrence M. Friedman describes the legal culture as combination of values and approaches which tie the elements of legal system and determine its place in the overall cultural space of the society.〔Lawrence M. Friedman “Legal Culture and Social Development” Law & Society Review, Vol. 4, No. 1, 1969.〕 The thorough examination and understanding of Armenian legal culture and valuing its role in the evolvement of the legal system of Armenia is of particular importance, because cultural factors and national mentality continue to hinder the effective implementation of enacted legislative framework. The complexity of the matter is mostly determined by characteristics of Armenian culture, such as natural unity of eastern and western cultural elements. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Legal system of Armenia」の詳細全文を読む スポンサード リンク
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