Constitution for “All” or for “Chosen Few” – problems of constitution-making in Georgia

Meladze, Giorgi (2015) Constitution for “All” or for “Chosen Few” – problems of constitution-making in Georgia. Constitutional Law Review . ISSN ISSN 19878540 (In Press)

[img] Text
Participatory constitution making.docx

Download (37kB)

Abstract

Constitution-making is a rather complex process of intertwining interests leading towards creating general framework for the state as well as for the society. On the one hand as Dixon and Ginsburg put it “… legislators may seek to inject policy or partisan concerns into the deliberations or constitutional text itself.” On the other hand there is a need to gain legitimacy for the constitution in wider society, which pushes the process to be more open for wider and not only expert participation. Balancing between these two interests can be regarded as an art of participatory constitution-making. Georgian scholars understood importance of meaningful participation and the few policy papers and opinion articles on this subject point on one hand to the difficulty of constitution-making process in a state with little experience in constitutionalism while on the other hand indicate importance of popular participation that would turn constitution from an elite project into a popular project. Article analyzes failures of constitution-making process in Georgia which, as authors argue, contribute to the “instability” of Georgian Constitution

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculties/Schools > School of Law
Depositing User: გიორგი მელაძე
Date Deposited: 14 Apr 2015 11:18
Last Modified: 14 Apr 2015 11:18
URI: http://eprints.iliauni.edu.ge/id/eprint/2012

Actions (login required)

View Item View Item