Real Control in the Georgian System of Constitutional Justice

• Main Author: Elene Gabunia
• Format: Article
• Language: English
• Published: Constitutional Court of Georgia 2019-12-01
• Series: Journal of Constitutional Law
• Subjects: constitutional court of georgia; constitutional law; real constitutional control; georgian law
• Online Access: https://constcourt.ge/files/2/journal2019.2/Elene-Gabunia-2019.2-eng.pdf

The system of Common Courts becoming subject to the jurisdiction of the Constitutional Court of Georgia has grown particularly relevant. Therefore, the aim of this paper is to provide system-ic analysis of the problems within the constitutional control system of Georgia. Specifically, the so called “real” constitutional claim and the prospect of establishing it in Georgia will be discussed. We shall see, how efficient “real” constitutional claim is for the protection of human rights and how hard it is to integrate within the constitutional justice, considering the ongoing transformation of state legal system. The paper will be oriented on both the practice of the Constitutional Court of Georgia, as well as the European approaches.