Comparative Paper #2
Post-Communist Countries
03/25/2017
POLI 2200
Introduction
A written constitution lays the framework for the subsistence of a nation-state and
the foundation of a state government. It has three major functions: 1) It provides for the
system of governance, establishing the various branches of the government and lays forth
their varying responsibilities and powers, 2) establishes the legal framework of the land,
instituting how laws are made and the nature of laws made based within the restrictions
placed on the branches of the government, and 3) includes provisions guaranteeing rights to
its citizens. This analysis will focus primarily on a comparison of the third function of the
Because both of these republics were subjugated under Soviet Russian control, it is
since the dissolution of the Soviet Union in 1991. Marxist thought claims that, due to the
community, and in practice this was done through the state government (Heywood, 107). In
theory, all are entitled to and would have what is necessary because of the distribution of
individual claims entitlement. Within the discussion of the nature of rights there are two
strands of theory, that of classic liberalism and that of modern liberalism. Classic
liberalism, based on the writings of John Locke, holds that rights are conferred by nature
and the existence of the state is only to ensure the protection of those rights, those being
life, liberty, and property (Heywood, 44). Modern liberalism, based on the ideas of T.H.
Green, L.T. Hobhouse, and J.A. Hobson, holds that an enabling state that provides the
circumstances necessary for freedom must be the purpose of the state (Heywood, 52).
In order to delineate these strands of thought, we may say there is a difference in the
provisions for negative rights and positive rights. Negative rights being the rights of the
individual conferred by nature and protected by the limited state, that which the individual
can do without the coercion and provision of goods and services by the state, and positive
rights being what the individual is entitled to be given by the enabling state.
Marxism. With the abolishment of private property, the state provides for all that the
individual is deemed entitled. Examples of this are found in the Soviet Constitution of 1918
that states: The Russian Socialist Federated Soviet Republic, having crushed the economic
and political power of the propertied classes ... offers assistance, material or other to the
workers in their effort to unite and organize (Constitution (Fundamental Law) of the
Union of Soviet Socialist Republics). Classic liberalisms negative rights are the other
extreme and Modern Liberalisms positive rights is found between the two extremes,
Because these two Republics, Azerbaijan and Armenia, were once beholden to the
Marxist state riddled with positive rights, it is of importance to make an inquiry into the
shift in provisions for rights. As they have gone from communist with the fall of the Soviet
the Republic of Azerbaijan) and a sovereign, democratic, social state (Article 1, Armenia
- Constitution & Politics). How far have they shifted from complete provisions for positive
rights? Based on the statement of the basis of the state, the natural assumption would hold
that the Azerbaijani constitution would lean further towards classic liberalism in its
Negative Rights
in the constitutions are negative. Roughly 21 and 39 articles are dedicated to the assurance
Although varying in the language, the ideas are similar in both documents. Among
these include the right to the freedom of thought and speech; in Azerbaijan: everyone may
enjoy the freedom of thought and speech (Article 47) and in Armenia: Everyone shall
have the right to freely express his/her opinion (Article 27, Armenia - Constitution &
Politics). Similarly expressed, and guaranteeing the same right. Another example includes
the right to vote; in Azerbaijan: Citizens of the Azerbaijan Republic have the right to elect
and be elected to state bodies and also to take part in referendum (Article 56). And in
Armenia: Eighteen-year old citizens of the Republic of Armenia have the right to take part
in the elections and referenda as well as the right to take part in the public administration
and local self-governance through their representatives chosen directly and through the
There are freedoms that are guaranteed in both constitutions such as: The right for
equality before the law regardless of personal qualities1, the right for life2, ownership
rights3, succession rights4, intellectual property rights5, the right to privacy6, right to
participate in government political life and create political parties10, and rights for those
accused of crimes and facing trial11, among others. Each of these rights, in essence, ensures
the lack of government intervention in the practice of each of these areas, and a prohibition
on government coercion to prohibit these actions. Many of these rights (such as property,
privacy etc.) are relatively new in the post-soviet world and show a strong shift in the
Positive Rights
In total, there are 11 positive rights that Armenia guarantees and eight that
Azerbaijan promises. All eight of the positive right provisions of the Azerbaijani
employment12, a right for rest13, a right for social protection14 (social security), right to
education17 and free higher education18, right to have a home19, and a right for legal
advice20.
Armenia, however, has further provisions. These are stipulated as the either additional
employee shall, in case of pregnancy and childbirth, have the right to paid maternity
This provision is a demand on the employer to provide such assistance, and is demanded
through government coercion, thus making it a positive right. Two further supplemental
Chapter 2 Section 27 and Section 30.2, providing for state run media and a right to equal
access to public service, respectively. In order to supplement the other positive rights
sections that all citizens will be able to access these programs, and that to further the right
to access to information The state shall guarantee the existence and activities of an
independent and public radio and television service offering a variety of informational,
cultural and entertaining programs. (Article 27, Armenia - Constitution & Politics)
Finally, in Article 48 of the Armenian constitution 12 functions of the state are listed
outlining its purpose and what services it will provide the citizens.
Findings
The two constitutions have shifted far from the Soviet standard of government
providing for all the needs of the individual. In the Constitution of the Republic of Armenia
of 32 total provisions for rights 66% are negative rights and 34% positive. And in
Azerbaijan, of the 47 total provisions for rights 83% are negative and 17% positive. The
nature of the rights and the language of the provisions is important as well, Azerbaijan has
government outlining the specific services that will be offered, while its Armenian parallel
contains both such elements. The Azerbaijani constitution leans to a more classic liberal
view of rights with elements of positive rights throughout, whereas Armenia is amply
Modern Liberal in its provisions, remaining closer to the soviet standard. The assumption
based on the description of the state system of each constitution held true, Azerbaijan leans
Heywood, Andrew. Political Ideologies: An Introduction. 5th ed. New York: St. Martins,
2012. Print.