Constitutional Referral and Dialog Between the Constitutional and Ordinary Courts in Georgia

Abstract

Constitutional referral is an important procedural tool for the protection of the supremacy of the constitution and human rights, which originates from European law. The Institute of Constitutional referral ensures the growth of the efficiency of the ordinary courts’ activities, the implementation of constitutional principles in justice and the establishment of a high standard of protection of human rights. The judicial system, which is represented in Georgia in the form of ordinary and constitutional courts, considers the institution of constitutional referral as one of the important forms of legal relations between these bodies. But does the practice of using constitutional referrals, its normative regulation, and legal activism determine the legal dialogue between the judicial authorities in Georgia? The purpose of this article is the assessment of the ordinary courts’ involvement in the implementation of constitutional justice and the constitutional referrals’ effectiveness. For this purpose, the article analyzes the role of ordinary courts in the process of safeguarding constitutional legality, the place of constitutional referral in the Georgian model of constitutional review, its normative characteristics and the standard of reasoning required for constitutional referrals. The article identifies corresponding shortcomings, the resolution of which should ensure the effectiveness of constitutional referrals in terms of guaranteeing a high standard of protection of fundamental rights and the establishment of constitutional legality.