THE PRINCIPLE OF SEPARATION OF POWERS IN THE “LAWCODES” OF MKHITAR GOSH AND SMBAT GUNDSTABLE

Article type Research article
Year 2026
Author(s) Sarvazyan L.  
Journal title  Vestnik of Russian-Armenian University (series: humanities and social sciences)
Issue 1
Pages 209-234
Publication format Print
DOI 10.24412/1829-0485-2026-1-209-234

 

ABSTRACT

The article interprets the principle of separation of powers in two major sources of medieval Armenian law. Outstanding Armenian thinkers Mkhitar Gosh and Smbat Sparapet in their main works – in the “Codes of Laws” – developed a unique concept of national and state sovereignty, which corresponded to the national ideology of the Armenian people and the demands of the national liberation struggle for the purpose of restoring political independence and sovereign statehood. In this context, Armenian thinkers discussed the principle of separation of powers at several levels, defining the rights, obligations and liabilities of spiritual and secular authorities, as well as various social groups in the system of national government. Their goal was state security, national unity and social harmony. The achievement of this goal was considered possible through the application to the activities of state authorities of the constitutional and legal principles of representation, advisory government, legality, legitimacy, justice, and mutual consent of the people and the authorities. The importance and importance of these principles in the Armenian society was recognized even in the early Middle Ages and was realized in the National-Church Assemblies. The creation of “Codes of Laws” wеre conditioned by historical, legal and political realities of the XII–XIII centuries. In Armenia and Cilicia, the Armenian people waged a national liberation struggle to restore political independence and national statehood. Therefore, Gosh’s «Lawcodes” was compiled as the code of the future Armenian state, and Smbat’s «Lawcodes” was compiled as the current code of the already established state of Cilician Armenia. The “Codes of Laws” are based on the relationship between the state, the church and the people. Many laws reflect the methods of governance of secular and spiritual authorities, as well as the legal regulation of relations between the government and the people. Remaining true to the value system of the national legal and political culture, Mkhitar Gosh and Smbat Sparapet also enshrined in the “Codes of Laws” the principles of a multi-level judicial system in the name of affirming national judicial identity and justice.

Keywords:  principle of separation of powers, national political system, Mkhitar Gosh, “Armenian “Lawcodes”, political self-determination, Smbat Gundstable, constitutional monarchy, justice.

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