2014SSRN Electronic JournalOpen access

Unconstitutional Constitutional Amendment: Three Judgments from the Practice of the Constitutional Court of Georgia

Dimitry Gegenava

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Abstract

The purpose of the present work is to survey the practice of the Constitutional Court and all the three cases, to assess the argumentation provided by the Court and in the light of comparative law, considering the practice of other states, to consider the degree of relevance of the practice established by the Constitutional Court. Neither subject of the dispute of the constitutional claims nor possible final results of the given cases admitted by the Court for consideration on merits shall be assessed within the scope of the present article. Attention shall be paid only to the aspects of the competence and to the interpretation of its own authorities and constitutional norms by the Constitutional Court.

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The purpose of the present work is to survey the practice of the Constitutional Court and all the three cases, to assess the argumentation provided by the Court and in the light of comparative law, considering the practice of other states, to consider the degree of relevance of the practice established by the Constitutional Court. Neither subject of the dispute of the constitutional claims nor possible final results of the given cases admitted by the Court for consideration on merits shall be assessed within the scope of the present article. Attention shall be paid only to the aspects of the competence and to the interpretation of its own authorities and constitutional norms by the Constitutional Court.

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Available abstract

The purpose of the present work is to survey the practice of the Constitutional Court and all the three cases, to assess the argumentation provided by the Court and in the light of comparative law, considering the practice of other states, to consider the degree of relevance of the practice established by the Constitutional Court. Neither subject of the dispute of the constitutional claims nor possible final results of the given cases admitted by the Court for consideration on merits shall be assessed within the scope of the present article. Attention shall be paid only to the aspects of the competence and to the interpretation of its own authorities and constitutional norms by the Constitutional Court.

Key concepts: Constitutional court, Law, Political science, Argumentation theory, Competence (human resources), Constitutional law, Relevance (law), Constitutional amendment

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