Constitutional Court of Georgia and de facto Real Control

Paata J Javakhishvili

Abstract


Constitutional Court of Georgia is an organ, that implements constitutional control. The status of Constitutional Court of Georgia, as negative legislator, is ensured by the Constitution, however, by the decisions of last period, Constitutional Court increased the borders of constitutional control and established new practice of constitutional control. Namely, by ascertaining constitutionality of normative contents of norm, Constitutional Court lay the foundation of using de facto real control in Georgia. The present article concerns judicial authority, made by the Constitutional Court of Georgia about the constitutionality of normative contents of norm. In my labour work, I took time to concentrate on status of Constitutional Court of Georgia, effectivity of the institute of individual constitutional complaint on the point of defending human rights in Georgia, essence constitutionality of normative contents of norm control and its influence on the Constitutional Court of Georgia, as a negative legislator’s status. In this article, I discussed in detail the legal basis of constitutionality of normative contents of norm by the Constitutional Courts of Georgia and conformable rulings are provided because of the practice examples of the Constitutional Court of Georgia


Keywords


Constitutional Court, constitutional control, Georgia, human rights, normative control, control of normative content of norm, de facto Real Control

References


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