Contents - Constitutional Court of Georgia

Paradigms of Constitutionalism in Georgia
1921 constitution researcher undoubtedly would have drawn attention on the very interesting
model of horizontal separation of the authority, which was drawn up by the Founding Fathers.
Based on that model, we do not see the Head of State institute within the system of state central
bodies. The traditional functions of a Head of the State were delegated to the Government, Head of
the Government elected for a year and to the Parliament.
It is hard to judge how this system could have worked, because it’s effectiveness for Georgia
through its existencehas not been checked, but on the basis of abstraction following could be said:
1. Parliamentary Republic only functions effectively and stably in the defined social and political
environment.
2. The founders of the constitution denied the classical model of separation of power and laid
down such a modification of the Parliamentary, where Parliament, “legislator” clearly is in favorable
position compared to Government and Judiciary.
3. Single chamber Parliament in light of undeveloped social environment is less effective, stable
and of positive effect.
Now, let us discuss third branch – Judicial out of well known separation of power’s doctrine (Executive,
Legislative and Judicial). 18
If we, even conditionally, can recognize Parliament and Government as branches of the authority
(in constitution their status is defined as “representative body of Republic” “Legislature” and Supreme
Executive Authority”), we could not say the same about the third branch. The Founders have
never used the “Judicial Authority” or even words of equal content but simply they named chapter
six as “Court”.
3. SOVIET CONSTITUTIONS IN GEORGIA
One of the problematic issues which refer to the constitutional history of Georgia is the role and
place of 1922, 1927, 1937 and 1978 Soviet constitutions 19 . On the one hand they are adopted by the
appropriate bodies of Georgian state and are referred as constitutions. It also should be noted that
they were fulfilling some positive role, they were introducing the elements of legal order in the life
of society, were facilitating some level of political stability but in the assessment of their role and
place, attention should be drawn on other things.
18 Refer to Montesquieu’s Spirit of the Law, introduction by Nodar Antadze, Tbilisi 1994.
19 In this part of the article we review 1978 Constitution as adopted in an initial version and does not refer to the amendments introduced
by Zviad Gamsakhurdia government.
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