Abstract:

The strengthening of constitutional legality is a crucial prerequisite for the development of the State and the protection of human rights and freedoms. In this context, the interaction between the Parliament of Georgia and the Constitutional Court holds particular significance. The effective realization of constitutional justice through legislative processes is essential for ensuring the supremacy of the Constitution and represents a fundamental guarantee of constitutional order.

Building on the analysis, this paper examines the procedural effectiveness of implementing constitutional standards in Georgia, as established by decisions of the Constitutional Court. The evaluation is based on an analysis of Georgian legal practice, with a particular focus on the timeliness of legislative actions. The study aims to highlight the importance and challenges associated with the timely implementation of constitutional standards in practice.

Furthermore, the paper explores the constitutional deferral mechanism, whereby the Court may delay the invalidation of a statute. The significance of this mechanism, along with the approaches outlined in the Court’s decisions, is examined in relation to their reflection in legislation.

Ultimately, the article assesses whether Georgia possesses uniform and sufficient guarantees from the Constitutional Court to ensure timely and adequate implementation of constitutional standards in the legislative space based on the Court’s decisions.

 

Keywords:

Constitutional justice, Supremacy of the Constitution, Judicial precedents

Full PDF:

PDF