ՍՈՑԻԱԼԱԿԱՆ ԻՐԱՎՈՒՆՔՆԵՐԻ ՍԱՀՄԱՆԱԴՐԱԿԱՆ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ՀԻՄՆԱԽՆԴԻՐՆԵՐԸ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ/THE ISSUE OF CONSTITUTIONAL PROTECTION OF SOCIAL RIGHTS IN THE REPUBLIC OF ARMENIA/ ПРОБЛЕМА КОНСТИТУЦИОННОЙ ЗАЩИТЫ СОЦИАЛЬНЫХ ПРАВ В РЕСПУБЛИКЕ АРМЕНИЯ

Abstract

Based on the existing theories in the science of comparative constitutional law, as well as judicial practice formed at the international and domestic levels, this article discusses the issue of constitutionalization of social rights. Despite the controversial approaches and disagreements, the studies show that there are a number of acceptable structures of constitutional regulations regarding the protection of social rights. Analyzing the strong and weak forms of judicial constitutional review, the author outlines the importance of weak or dialogic judicial remedies for social rights. The article presents the advantages and disadvantages of the four most discussed types of weak legal protection. Based on the studies, the author suggests that the social rights included in Chapter 3 of the RA Constitution, fixed as legislative guarantees and political goals, should be provided with a special regime of protection, based on weak judicial constitutional review. The author believes that the "reasonableness measure" or mixed (weak-strong, hybrid) constitutional review models can be considered as options for weak control, depending on the political problems faced by the State.