THE GEORGIAN CONSTITUTIONAL COURT’S POWER IN THE PROTECTION OF FUNDAMENTAL HUMAN RIGHTS

Abstract

Within the scope of a Constitutional Court’s power, a modern state performs one of its most important functions – the protection of fundamental human rights. This function is a direct consequence of the state’s constitutional obligation, according to which: “The state shall recognise and protect universally recognised human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the state shall be bound by these rights and freedoms as directly acting law” (Article 7, Georgian Constitution).

This provision of the Constitution outlines the principles for the state’s attitude towards the fundamental rights and freedoms of an individual as well as the key legal principles of a democratic state. In particular:

Human rights and freedoms are regarded as eternal, inalienable human values that are inherent and natural to people. Therefore, the state cannot deprive an individual of these rights, refuse to respect and protect them;

Every person is entitled to human rights and freedoms, irrespective of citizenship or the lack thereof. Therefore, human rights and freedoms are of universal nature;