FREEDOM OF RELIGION – WHERE SHOULD WE LOOK FOR IT? ABOUT THE DEMARCATION BETWEEN ARTICLES 19 AND 24 OF THE CONSTITUTION OF GEORGIA

Abstract

Good legislative practice excludes the need for protecting any particular right by two articles. Despite the number of reproaches leveled against them, the authors of the second chapter of the Constitution of Georgia must take the responsibility to ensure that they do not deviate from the principle mentioned in the previous sentence. Doing so would be similar to turning a blind eye to a problem instead of resolving it. The lawmakers should explore all possible means to ensure that the scope of all articles is clearly distinguished in their interpretation.

Articles 19 and 24 of the Constitution of Georgia have similar protected spheres. Both the provisions are concerned with freedom of expression. In the case law of the Constitutional Court the question of demarcation of the scope of these articles has been an unresolved issue for over ten years. During this period, the Constitutional Court either ignored the problem or suggested inconsistent approaches to address this issue. Recently, the Ombudsman has applied to the Constitutional Court for a verdict on this subject and now  the Court is at the stage of delivering its final judgment. In the abovementioned case, the Court must explain which aspects of the freedom of religion are protected by article 19 of the Constitution of Georgia, Forum Internum (inner sphere) and Forum Exsternum (external sphere) of the freedom of religion, and the manner in which they are protected.

The aim of this article is to analyze the existing case-law of the Constitutional Court, suggest an approach to the demarcation between article 19 and 24 of the Constitution, and nalyze the appeal of the Ombudsman and the possible outcomes of the judgment of the Court.