THE AUTHORITY OF THE CONSTITUTIONAL COURT OF GEORGIA OVER ISSUES OF THE CONSTITUTIONALITY OF REFERENDUM AND ELECTIONS

Abstract

The competence of the Constitutional Court underwent significant modification under the Constitutional Law of 27 December, 2005. Prior to this amendment, the competence of the Constitutional Court was specified as follows: the Constitutional Court of Georgia “examines disputes related to the constitutionality of referendums and/or elections.” (Article 89(1)(d) of the Constitution of Georgia.) Within the scope of this authority, the Constitutional Court was charged with examining disputes arising from the constitutionality of the appointment (or non-appointment) of referendums and elections — two of the most important aspects of direct democracy — and those issues relating to the constitutionality of a particular referendum question as well as the holding of referendums and elections.