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Title:
In the Legal Limbo? Constitutional Debates on the Recognition of the Armenian Genocide in France
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Constitutional Council ; France ; denial ; normativity
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Abstract:
This paper revisits the legal debates surrounding the recognition of the Armenian Genocide by the French Parliament through the Law of 29 January 2001, as well as the recent challenges brought against this statute. Opponents of this and similar laws have focused heavily on the purported lack of “normativity,” arguing that the Constitution permits only statutes that command or prohibit, not those that merely make declarative statements – such as recognizing a historical event as genocide. The paper advances three main arguments: (1) it is far from evident that the 2001 law recognizing the Armenian Genocide lacks normative value; (2) even if a statute were non-normative, this would not necessarily render it unconstitutional; and (3) should such a law be deemed unconstitutional, it would nonetheless remain in a state of “legal limbo,” since its non-normative character precludes any concrete legal consequences.
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Երևան
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ՀՀ ԳԱԱ Հայոց ցեղասպանության թանգարան-ինստիտուտ