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Contents - Constitutional Court of Georgia

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Avtandil Demetrashvili<br />

PARADIGMS 1 OF<br />

CONSTITUTIONALISM IN GEORGIA<br />

Avtandil Demetrashvili<br />

Iv. Javakhishvili Tbilisi State University Pr<strong>of</strong>essor,<br />

Head <strong>of</strong> the <strong>Constitutional</strong> Commission <strong>of</strong> <strong>Georgia</strong>.<br />

<strong>Georgia</strong>n State <strong>Constitutional</strong> Commission was established on 8 June 2009 by the Order <strong>of</strong> the<br />

President <strong>of</strong> <strong>Georgia</strong>. 2 Commission was charged with preparation <strong>of</strong> the <strong>Constitutional</strong> Law bill in<br />

accordance with the article 102 <strong>of</strong> the Constitution <strong>of</strong> <strong>Georgia</strong> on “Changes and Amendments to<br />

the Constitution <strong>of</strong> <strong>Georgia</strong>.” Topics on <strong>Constitutional</strong> issues, once again as many times during the<br />

existence <strong>of</strong> <strong>Georgia</strong> as an independent state (1918-1921, 1991-2009) became the subject <strong>of</strong> analysis,<br />

discussions and debate. Current <strong>Constitutional</strong> reform is aimed at building democratic state<br />

and indeed it is laid down in the statute 3 <strong>of</strong> the Commission. Effective government system serves as<br />

bridge between civil society and the state.<br />

It is hard to find an independent state within post soviet states, even those who are in the process<br />

<strong>of</strong> transition, who, like <strong>Georgia</strong> did not have an ambition to live in accordance with <strong>Constitutional</strong><br />

examples (paradigms) – in accordance with the supreme law <strong>of</strong> the State. But it is also reality that<br />

in practice it is not always feasible. The close examination <strong>of</strong> the new and the newest history <strong>of</strong><br />

<strong>Georgia</strong> is good example <strong>of</strong> that, when reality and legal rules were going into different directions.<br />

The aim <strong>of</strong> the author <strong>of</strong> the present article is to present the academic analysis <strong>of</strong> the constitutional<br />

history <strong>of</strong> the country, highlight general trends <strong>of</strong> development and in light with the ongoing<br />

<strong>Constitutional</strong> Reform to discuss the future perspectives.<br />

At the same time we are far from the idea that only academic analysis, based on texts books will<br />

illustrate the real constitutional setting <strong>of</strong> the country. In order to achieve this aim we need to exam-<br />

1 Paradigm- ancient Greek word- means example.<br />

2 Refer to the order N 388 <strong>of</strong> the President <strong>of</strong> <strong>Georgia</strong> dated 8 June 2009 on “the activities to be done for the creation <strong>of</strong> the state constitutional<br />

commission” www.prezident.gov.ge 2944<br />

3 Refer to the order N 348 <strong>of</strong> the President <strong>of</strong> <strong>Georgia</strong> dated 23 June 2009 on “the approval <strong>of</strong> the statute <strong>of</strong> the state constitutional commission”<br />

www.prezident.gov.ge 2960<br />

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