Contents - Constitutional Court of Georgia

98
Avtandil Demetrashvili
The stable, democratic form of government was the result of adoption of 1995 Constitution. Till
2004 the state government system was organized in the form similar to USA Presidential Republic.
From the date of entry into force of 2004, 6 February Constitutional law up to now (1 June, 2010)
the government system of Georgia is classified as semi presidential, French model.
Those were the chronics of constitutional importance in the new and the newest history of Georgia,
the entirety of which is forming him constitutional face of Georgia.
The Recent constitutional evens created the need of constitutional reform, some even argue that
was not only a simple need but immanent to happen. The actions taken by the current Government
and in particular, setting up Constitutional commission to prepare such reform could be seen as
proper, timely and adequate to such need.
7. OPINIONS ON PRINCIPLES, CONTENT AND MECHANISMS OF EXERCISE OF
THE CONSTITUTIONAL REFORM 36
Principles. The success of constitutional reform shall be determined with two main factors. First
is the political conjuncture within the country (the analysis of which goes beyond the aim of the
current article) and Second is correctly defined principles of constitutional reform, the values which
it should be based on and carried out. We consider following principles as vital:
– Recognition of human as basic social value, for which the limitation of state power should be
exercised;
– Public sovereignty which should be expressed in the direct and representative democracy constitutional
institutions, developed, economically strong local self governments.
– taking into account historic development, ethnic psychology of the Georgian people and current
reality;
– Separation of powers horizontally and vertically. My understanding of the vertical separation of
the powers concerns the separation of legislative, executive and judicial branches from each
other and existence of the institute of the President. Prudent procedures for checks and balances
of powers, as well as cooperation and subsidiary.
Framework of Review of the Constitution. Constitutional reform should cover substantial part of
Constitution of Georgia and relevant legislation, which will result in the new, emended and changed
version of the 1995 Constitution. With the framework of Constitutional Reform, articles regulating
36 The opinions expressed in the present article are of personal views on the issue of the author which might not coincide with the opinion
of the state constitutional commission and is by no way related of my as Head of the Commission activities. –A.D.