PARADIGMS OF CONSTITUTIONALISM IN GEORGIA
Abstract
Georgian State Constitutional Commission was established on 8 June 2009 by the Order of the President of Georgia. Commission was charged with preparation of the Constitutional Law bill in accordance with the article 102 of the Constitution of Georgia on “Changes and Amendments to the Constitution of Georgia.” Topics on Constitutional issues, once again as many times during the existence of Georgia as an independent state (1918-1921, 1991-2009) became the subject of analysis, discussions and debate. Current Constitutional reform is aimed at building democratic state and indeed it is laid down in the statute of the Commission. Effective government system serves as bridge between civil society and the state.
It is hard to find an independent state within post soviet states, even those who are in the process of transition, who, like Georgia did not have an ambition to live in accordance with Constitutional examples (paradigms) – in accordance with the supreme law of the State. But it is also reality that in practice it is not always feasible. The close examination of the new and the newest history of Georgia is good example of that, when reality and legal rules were going into different directions.
The aim of the author of the present article is to present the academic analysis of the constitutional history of the country, highlight general trends of development and in light with the ongoing Constitutional Reform to discuss the future perspectives.
At the same time we are far from the idea that only academic analysis, based on texts books will illustrate the real constitutional setting of the country. In order to achieve this aim we need to examine issues related to government system (political system), specific policy, civil society, level of legal and political culture, in other words, research the environment where our constitutional system functions, which on its own requires interdisciplinary examination which goes far beyond the ability and scope of the present article.
