Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Teka Komisji Prawnic...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Teka Komisji Prawniczej PAN Oddział w Lublinie
Article . 2025 . Peer-reviewed
Data sources: Crossref
addClaim

Constitutional Referral and Dialog Between the Constitutional and Ordinary Courts in Georgia

Authors: Paata Javakhishvili;

Constitutional Referral and Dialog Between the Constitutional and Ordinary Courts in Georgia

Abstract

Constitutional referral is an important procedural tool for the protection of the supremacy of the constitution and human rights, which originates from European law. The Institute of Constitutional referral ensures the growth of the efficiency of the ordinary courts’ activities, the implementation of constitutional principles in justice and the establishment of a high standard of protection of human rights. The judicial system, which is represented in Georgia in the form of ordinary and constitutional courts, considers the institution of constitutional referral as one of the important forms of legal relations between these bodies. But does the practice of using constitutional referrals, its normative regulation, and legal activism determine the legal dialogue between the judicial authorities in Georgia? The purpose of this article is the assessment of the ordinary courts’ involvement in the implementation of constitutional justice and the constitutional referrals’ effectiveness. For this purpose, the article analyzes the role of ordinary courts in the process of safeguarding constitutional legality, the place of constitutional referral in the Georgian model of constitutional review, its normative characteristics and the standard of reasoning required for constitutional referrals. The article identifies corresponding shortcomings, the resolution of which should ensure the effectiveness of constitutional referrals in terms of guaranteeing a high standard of protection of fundamental rights and the establishment of constitutional legality.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold