THE RIGHT TO A REASONED JUDGMENT

Abstract

The right to a reasoned judgment is the most important mechanism to restrict arbitrariness of a state and to counterbalance the presumption of innocence. The duty of giving reasons for the court’s decision derives from the Constitution of Georgia, the European Convention on Human Rights and many other international legal acts. Jury institution poses some kind of challenge for realization of the right of reasoned decisions. This institution, in its turn, is one of the most important democratic mechanisms and it begins to take off in the reality of Georgia. In this article, we analyze the ways to put the jury judgment within the framework of the right to a fair trial.