Constitutional Judicial Control Reform: Toward Full Institutionalization and Systemic Impartiality
The purpose of this policy document on defining and organizing the institutional jurisdiction of the Constitutional Court is to present the concept of its reform and relevant proposals for the Constitutional Court of Georgia.
The first part of the document, based on a comparative analysis, examines global trends in constitutional judicial control, particularly in political regimes like Georgia, which are not considered consolidated constitutional democracies. The authors connect the challenges of institutionalizing constitutional control in Georgia to broader global issues and trends.
This section also examines the nearly thirty-year history of the establishment and functioning of constitutional judicial control in Georgia. The analysis reveals that the authority of constitutional judicial control in Georgia was never fully institutionalized, and that this was a strategic and deliberate choice by the political authorities.
At the same time, the concentration of constitutional judicial control in a specialized, centralized institution was also a strategic choice, which created opportunities for political actors to undermine the court’s systemic impartiality and establish lasting influence over it.
Building on the previous discussion, the second part of the document presents the main normative goals for the institutional reform of the Constitutional Court, along with specific proposals for its new institutional framework.
Note: The full document is available only in Georgian.