SIGNIFICANCE OF INTERPRETATION OF THE CONSTITUTION FOR COMMON COURTS’ AND CONSTITUTIONAL NORM CONTROL

Abstract

The essential access to the Constitution and further realization in the common order, is the major mission for any legal system. As one of the means for reaching the mentioned aim are interpretation methods, which must not lose common striving – orienting on the Constitution. In this process, proper interpretation of the Constitution is particularly important, which creates significant basis for factual depicting of the constitutional principles in regular order. It evaluates norm of the law with constitutional measuring, and decides the collision between interpretation methods based on the Constitution.

In the present article, based on the mutual comparison of German and Georgian legal systems, topical issues existing around the respective interpretation of the constitution are discussed: significance of the topic to be discussed is expressed in theoretical, as well as practical viewpoint. Firstly, it is important in terms of systematization, in order to more accurately perceive legal norm and means for its interpretation. Moreover, the admissibility of relevant interpretation of the Constitution for the common court is interesting, as well as its possible intersection points with the constitutional justice.