Contents - Constitutional Court of Georgia

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108 Avtandil Demetrashvili 2. Non legislative Powers of the President Formation of the Cabinet President appoints Cabinet members without approval and confidence of the Parliament -4 President appoints Cabinet members but approval and confidence of the Parliament is essential – 3 President appoints Prime Minister, Parliament approves candidate, Prime minister appoints Cabinet members – 1 President does not have power to appoint Cabinet members without the recommendation of the Parliament – 0 Power to cease authority of the Cabinet President can dismiss Ministers – 4 Presidents power to dismiss Cabinet is limited – 2 President can only dismiss Cabinet or its members if Parliament gives its prior consent fur such and nominates new composition of the Cabinet or new member (s) of the Cabinet – 1 Parliament can deny confidence and dismiss Cabinet – 0 Deny of confidence Parliament cannot deny confidence, dismiss Cabinet or its members – 4 Parliament can deny confidence to the Cabinet, but President can disagree to it by dismiss Parliament -2 Votum of constructive deny of confidence or in other words, Parliament can deny confidence, dismiss parliament by creation of new, own Cabinet – 1 Power of the Parliament to deny confidence is unlimited – 0 Power to Dismiss Parliament President has unlimited power to dismiss Parliament – 4 President’s Power to dismiss parliament is limited (can only dismiss certain number of its members or the conditions when it can happen are exhaustively defined) – 3 The dismissal of the parliament is followed by the new elections of the President – 2 President has limited power to dismiss parliament and only as case Parliament denies confidence to the Cabinet – 1 President does not have power to dismiss parliament – 0
András Sajó CONSTITUTIONALISM AND SECULARISM: THE NEED FOR PUBLIC REASON Many thanks to Cardozo Law Review and Mr. Andras Sajo for granting the permission to reprint this article. The work was originally published in 2009. András Sajó, Constitutionalism and Secularism: The Need for Public Reason, 30 Cardozo L. Rev. 2401 (2009) András Sajó Professor, Central European University, Budapest. In order to sustain modernity, or to sustain public order as ordered liberty, one needs a considerable level of secularization. Constitutionalism exists only where political powers do not ground their public affecting decisions on transcendental concerns. People are buried in cemeteries not because it facilitates resurrection but for public health reasons. Secularism as an institutional arrangement provides protection to a reason-based polity against a social “(dis)order’’ that is based on dictates of religious doctrine and heated passions. When constitutional law insists on secularism, it insists on the possibility of a reason-based political society. Secularism dictates (expresses the need) that legal choices be based on secular public reasons, i.e., reasons accessible to all, irrespective of their religious belief. 1 Religiously grounded reasons have to be “translated.” For most translation theories the requirement of public reason is satisfied as long as the legislative reasons are presented and accepted on grounds reasonably 1 “The public use of man’s reason must always be free, and it alone can bring about enlightenment among men; the private use of reason may quite often be very narrowly restricted, however, without undue hindrance to the progress of enlightenment. But by the public use of one’s own reason I mean that use anyone may make of it as a man of learning addressing the entire reading public. What I term the private use of reason is that which a person may make of it in a particular civil post or office with which he is entrusted.” IMMANUEL KANT, An Answer to the Question: “What is Enlightenment?”, in POLITICAL WRITINGS 54, 55 (Hans Reiss ed., 1991). The demand for public reason is intimately related to a more fundamental concern of Kant, namely personal autonomy. There is no personal autonomy without public reason. “Kant conceived autonomy as the capacity to bind one’s own will by normative insights that result from the public use of reason. . . . As a result, a religious or metaphysical justification of human rights becomes superfluous. To this extent, the secularization of politics is simply the flip-side of the political autonomy of citizens.” JÜRGEN HABERMAS, THE POSTNATIONAL CONSTELLATION: POLITICAL ESSAYS 127 (Max Pensky ed., trans., 2001). 109
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Contents Françoise Tulkens THE EUR
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Françoise Tulkens THE EUROPEAN COU
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The European Courtof Human Rights i
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Charlotte Skeet “CONSTITUTIONALIS
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“Constitutionalism and Judicial P
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Lucas Prakke SWAMPING THE LORDS, PA
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The Blank-Prose Crime of Aggression
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Kononov v. Latvia four people (thre
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Kononov v. Latvia DECISION OF THE C
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Kononov v. Latvia The Court found t
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