User:AlexandreAssatiani/sandbox/Politics


 * Though it has been amended several times, the constitution underwent major overhauls in 2004, 2010, and 2018

1921 Constitution
Georgia's constitutional history dates back to the 1918-1921 Democratic Republic of Georgia, which existed after the nation declared its independence from the Russian Empire and before its invasion by Soviet Russia. In June 1918, the National Council, the transitional legislative body that operated before the 1919 legislative election, created the Commission for Drafting the Constitutional Foundations of the Democratic Republic of Georgia, a 9-member commission with a socialist-leaning majority. The commission sought to touch upon several main topics, including public regulations, territorial administration, civil liberties, minority rights, the separation of powers, and the economic system.

Following the election of the Constituent Assembly, the latter cancelled the original commission in March 1919 and instead elected a 15-member constitutional commission. That commission was originally successively chaired by Razhden Arsenidze, Konstantine Japaridze, and Petre Saqvarelidze, while 10 of the seats were held by the Social-Democratic Party. Concerns about the slow pace of drafting led the Ministry of Justice to intervene in 1920 and create a "small commission" that involved well-known academics like Ivane Javakhishvili and Ivane Gomarteli.

The first constitution's draft was published on July 8, 1920, resulting in widespread debates between parliamentary parties and branches of government. Prime Minister Noe Zhordania was notably opposed to the draft's direct democracy clauses as incompatible with parliamentarism. Even once the draft was finalized, debates remained about whether its final version should be approved by referendum or a super-majority of Parliament.

Georgia was defined as a decentralized unitary state including three autonomous entities (Abkhazia, Muslim Georgia, and Zakatala), a republican state with a permanent ban on the restoration of monarchy, and a parliamentary republic with three branches of government (a legislature, an executive government, and a judiciary). Unlike that of other parliamentary republics in Europe, the Georgian constitution held no provision for a neutral head of state in the form a president with the power to dissolve the legislature. The Prime Minister (also known as Chairman of the Government) was set to be elected by the Constituent Assembly for a one-year-term, though he did not hold the veto power. The Constituent Assembly was set to be elected by universal, direct, and proportional elections once every three years, while the right to vote was granted to every citizen 20 years and older (including women, making Georgia one of the oldest European democracies granting the right to vote to women). The supreme court of the land was known as the "Senate" and was elected by the Constitutional Assembly, while the constitution provided for a right to jury trial.

The constitution consisted of 17 chapters and 149 articles, almost half of which was devoted to human rights and civil liberties. Equality under the law was recognized, the death penalty was abolished, warrantless search and seizure was banned, and court orders were required for all deprivations of liberty. The constitution recognized freedom of religion, expression, and speech and instituted the separation of church and state. It also granted ethnic minorities the right to unionize and bring to court cases affecting the rights of the group as a whole. The constitution was largely inspired by socialist principles and though the right to property was recognized, agriculture was classified as a field of "special concern", inviting large government interference, and a list of labor privileges was provided, including a 48-hour working week, the ban of child labor, unemployment assistance, workers' compensatory insurance, sanitary regulations, and a minimum wage.

In some aspects, it also lacked certain liberal protections. Freedom of assembly was restricted to unarmed gatherings with government permission, military conscription was mandated, and double nationality was banned. Nonetheless, it was considered one of the most progressive legal documents of its time. West German Foreign Minister Hans Dietrich Genscher would describe it as "one of the most progressive ones on the European continent, recognizing freedom, democracy and the rule of law, on which today's Europe rests."

The launch of the Red Army's invasion of Georgia on February 15, 1921 forced the Democratic Republic to speed up its adoption and on February 21, the Constituent Assembly approved it unanimously. Only four days later, the government went into exile as Soviet forces captured Tbilisi.

Though the original constitution lasted only four days, it remained a major influence for future Georgian independent governments. On February 21, 1992, the Military Council, which took over power after the 1991-92 coup d'état, declared the Soviet Georgian constitution invalid and restored the 1921 document, although it would never be fully implemented. Until 2010, the preamble of the Georgian constitution read that it was based on the 1921 constitution.

Soviet Georgia Constitutions
Following the establishment of Soviet power in Georgia, the new authorities abolished via executive decree the Constitution of the Democratic Republic and replaced it with the Constitution of the Soviet Socialist Republic of Georgia on March 2, 1922. That document was passed by the 1st Congress of Georgian Soviets and, although it claimed to preserve Georgia's sovereignty, it was effectively inspired and dependent on the USSR's system of governance.

Soviet Georgia saw four different constitutions. The 1922 version recognized a "dictatorship of the proletariat" and formalized the first Soviet institutions in the country. Divided into 23 chapters and 134 articles, it recognized the All-Georgian Congress of Soviets (AGCS) as the highest authority of the SSR, while the Central Executive Committee operated between AGCS sessions. When the latter was not in session, power was held by its Praesidium and a Council of People's Commissars. Democratically-elected local governments were abolished and replaced by councils meant to represent workers, peasants, and the Red Army. The right to vote was curtailed and private entrepreneurs, religious figures, former public servants, former convicts, and mentally ill individuals were banned from voting. Private ownership of land and the means of production was abolished altogether.

The 1922 constitution allowed the creation of autonomous entities within the Georgian SSR. The Adjarian ASSR, the Abkhazian SSR, and the South Ossetian Autonomous Oblast were created based on these provisions.

The adoption of the 1924 Constitution of the USSR and the integration of Georgia into the Transcaucasian Socialist Federative Soviet Republic in 1922 required the adoption of a new supreme law in Georgia and on April 4, 1927, the 4th Congress of Georgian Soviets adopted the Second Soviet Georgian Constitution, made of eight chapters and 114 articles. This document limited the constitutional sovereignty of Georgia in favor of the USSR by removing Georgia's powers over foreign, maritime, defense, and trade policies. A system of "prosecutorial supervision" was implemented, formalizing the Communist Party's control of the judiciary system. The status of Adjara, Abkhazia, and South Ossetia were also recognized in the 1927 constitution.

The abolition of the Transcaucasian SFSR in 1936 led to the adoption of a third constitution on February 13, 1937 by the 8th Congress of Georgian Soviets. Made of 14 chapters and 162 articles, it was nicknamed the "Stalinist Constitution" and set as a stated goal the "building of a socialist society in Georgia". It completely overhauled the system of governance in the Georgian SSR, replacing the Congress of Soviets with the Supreme Soviet, elected for a four-year term in "universal, equal, direct, and secret elections". The body convened twice a year, while state power was exercised by the Praesidium of the Supreme Soviet between sessions. The highest executive authority was held by the Council of People's Commissars, itself elected by the Supreme Soviet. Formally, freedoms of speech, press and assembly were recognized, even though large wave of repressions took place during that constitution's existence. A supreme court was established, elected by the Supreme Soviet for a five-year term, while the Prosecutor General of the USSR was given direct supervision over Georgian prosecutorial agencies.

The 1978 Soviet Union constitution proclaimed that socialism had "completely and finally won and led to the evolution of the dictatorship of the proletariat into a common people's state" and individual republics were required to draft new constitutions. In Georgia, that process was led by a constitutional commission chaired by Eduard Shevardnadze. An attempt to recognize Russian as Georgia's official language led to large-scale demonstrations and clashes between student groups and Soviet authorities, the latter eventually forced to drop that amendment. On April 16, 1978, the 8th Session of the 9th Supreme Soviet adopted the Fourth Soviet Georgian Constitution, featuring a preamble, 11 sections, 22 chapters, and 185 articles.

The 1978 constitution was more complex that its predecessors. It increased the term of Supreme Soviets to five years and provided for majoritarian, universal, equal, and direct elections of its 300 members. The voting age was set at 21 years old, although exceptions were included for those 18 years and older. The Council of People's Commissars was replaced by a Council of Ministers, in which the head executives of Adjara and Abkhazia were also represented. Though decision-making remained a top-down system effectively controlled by Moscow and the Communist Party, this constitution nominally expanded judicial independence. And while private property remained illegal, several types of property ownership systems were listed, including state, cooperative, public, individual, and mixed.

The 1978 constitution was the only Soviet Georgian constitution to be amended during its existence. First amendments were introduced in 1984 and 1986. Following the 1990 Supreme Soviet elections that saw the victory of anti-communist and pro-independence forces, the constitution was again amended in 1990 and 1991.

The Short Constitution
Amendments to the 1978 Soviet Georgian constitution were adopted days after the 1990 legislative election that saw the victory of anti-communist and nationalist forces, headed by dissident Zviad Gamsakhurdia. The first amendments removed the words "Soviet Socialist" from the republic's name and restored much of the symbolism of the Democratic Republic of Georgia, including its flag, coat of arms, and anthem. The preamble was amended to remove all mention of the USSR and Article 6 (recognizing the supremacy of the Communist Party) was repealed. Further amendments were adopted once Georgia declared its independence on April 9, 1991, lowering the number of MPs from 300 to 250, transitioning local government councils into prefectures, and creating the post of President of Georgia - a post that would be further regulated by the 1991 Presidential Elections Act.

The overthrow of President Zviad Gamsakhurdia was followed by an unelected Military Council that abolished the 1978 constitution altogether and formally restored the 1921 constitution, although this decision remained a mere formality and Georgia fell into a constitutional vacuum. To address this challenge, the new Parliament elected in 1992 passed the State Powers Act, which was intended to serve as a provisional law regulating the republic's governance before a new constitution could be adopted.

The State Powers Act, which came to be also known as the "Short Constitution", was made of eight chapters and 33 articles, and radically changed the republican system of governance. It transformed Georgia into a parliamentary republic, albeit with a parliamentary chairman elected via direct suffrage who would furthermore need a super-majority confirmation in Parliament to be recognized as "Head of State". The latter was responsible for creating a government, serving as Supreme Commander-in-Chief, appointing and dismissing military officials, appointing ambassadors, and representing the country in domestic and international matters. A lack of clarity in the State Powers Act gave him broad powers, which constitutional experts have seen as a violation of the separation of powers.

Eduard Shevardnadze was the only person to hold the title of Head of State under the State Powers Act, which was in force until the adoption of the Constitution in 1995.

Drafting
To address the challenges posed by the lack of a constitutional framework, Eduard Shevardnadze introduced a resolution on February 16, 1993 to create a State Constitutional Commission, charged with modernizing the 1921 Constitution. On March 25, Parliament passed two resolutions: one creating the State Commission with enumerated powers and an approved set of bylaws and a second one confirming Eduard Shevardnadze himself as Chairman of the State Commission.

A total of 118 members were confirmed as members of the commission, more than half of them being sitting members of Parliament. The commission included prominent legal experts, economists, historians, public figures, and academicians from the Georgian Academy of Sciences and Tbilisi State University. On April 3, the commission voted to appoint Givi Intskirveli (Dean of the Law Faculty at TSU) and Vakhtang Khmaladze (Dean of the Legal Theory Department at TSU) as deputy chairmen. Professor Avtandil Demetrashvili was selected as Secretary of the State Commission. The same day, the Commission was divided into 15 working groups, each chaired by one member and focused on particular topics.

Eventually, Parliament passed a follow-up resolution approving the working plan of the commission. Working groups were required to work independently to develop individual concepts, after which their work was to be summarized by an editorial group chaired by Shevardnadze himself. Once the State Commission voted to approve the conceptual draft of the constitution, the editorial group was to work on proper legal language. Soon after the commission started its work, it decided to abandon the idea of modernizing the 1921 constitution, instead choosing to write an entirely new constitution, albeit inspired by the original document.

The commission's Secretariat was responsible for organizing the body's working regime. It held seminars and conferences, almost exclusively in Tbilisi, to study major constitutional issues and take into account the experience of other states. The first, held on April 19, 1993, was dedicated to territorial administration and was led by Thomas Fleiner-Gerster, director of the Institute of Federalism at the University of Fribourg. A seminar on separation of powers was held 10 days later with Professor Lawrence Lessig of the University of Chicago. On May 12, a constitutional economics seminar took place with German academic Helmut Fromm.

In popular culture, the role played by Lawrence Lessig in drafting the Georgian constitution was mentioned in an episode of the U.S. television show The West Wing.

Working groups also traveled in Europe and the United States throughout the drafting process. Several commission members traveled to the Office for Democratic Institutions and Human Rights (ODIHR) in Warsaw to work on framing human rights into the constitution. The Venice Commission actively assisted the Commission's secretariat in organizing conferences in Rome and Bologna to discuss judicial and procedural issues. In Budapest, a Georgian delegation learned about the Hungarian experience in including national minority rights in the constitution. In October 1994, a 10-member commission delegation traveled to the Chicago School of Law to take part in discussions with Lawrence Lessig and other major American and European constitutional experts, including Stephen Holmes, Herman Schwartz, Alexander Blankenagel, and András Sajó, with the goal of reconciling various parts of the constitution's draft with each other.


 * The drafting process was mired with accusations of delays (233-234)

The 12 proposals
Besides the work of the State Constitutional Commission, 12 separate drafts were submitted by various organizations to be considered by the commission. These included political parties (Voice of the Nation, National-Democratic Party, Republican Party, People's Party, Communist Party, Union of the Daughters of God, and the Union of Citizens of Georgia), private individuals (former Soviet Georgia Justice Minister Alexandre Shushanashvili and a group of young constitutionalists from the Faculty of International Law of Tbilisi State University), civil society groups (Society for the Defense of Workers' Interests and the Association of Young Lawyers of the People's Front of Georgia), and even a private bank (Aisi). Though the commission formally studied each one of these proposals, none of the ideas presented would eventually be included in the constitution's final draft.


 * Out of the 12 projects proposed, 10 saw the need for an individual Head of State (Matsaberidze, 234)
 * NDP called him Erismtavari (234)
 * People's Party called him President of the Federal Republic Republic of Georgia
 * Other versions went with President, President of the Republic, and President of the Republic of Georgia
 * In the projects presented by the Communist Part and Z. Okujava, there was a collegial head of state named the Supreme Council (234)
 * Five of the projects proposed the French model of governance (semi-presidential) (234)
 * For both the NDP and Voice of the Nation, the project was presidential, with the head of state also serving as head of the government (2340
 * The Communist Part and Okujava proclaimed a Soviet Republic (234)
 * Aisi's system supported the idea of a Soviet republic but with an elected President (234)
 * The Republican Party and Shushanashvili wanted a parliamentary republic (234)
 * In six of the projects, the presidential election was done in two rounds (234)
 * In one other project, presidential candidates were streamlined in a first popular round and then selected by Parliament (234)
 * In one other project, there were indirect elections of the president by Parliament (234)

The Chicago Option

 * Two drafts were created with the help of foreign experts and with direct participation. One by the Secretariat of the Commission (French style), and one by the Republican Party (a parliamentary republic similar to Italy or Germany) (235)
 * Ultimately, the editorial board managed to combine ideas from both and the final project was called the "Chicago Option" (235)
 * The compromise was that the presidential powers were similar to that of France, and the state government was replaced by an American one (235)
 * No serious debate on judicial power. The main topic of discussion was on constitutional review, but all sides agreed on a Constitutional Court
 * Most serious and acute confrontations were on the system of governance and on the form of territorial administration
 * Ultimately, the sides agreed on federalism and a semi-presidential system (the French system)

Shevardnadze's final draft
MAY 29 - JULY 3 (From Shevardnadze's draft proposal being introduced to the Constitutional Commission giving its final endorsement)


 * But neither one of those agreements was seen acceptable to a majority of Parliament
 * The Union of Reformers of Georgia was the one that proposed the semi-presidential system
 * Ultimately, Parliament forced the Commission to redraft the constitution and remove federalism and have a full presidential system
 * On May 29, 1995, Shevardnadze introduced the final draft to Parliament (Matsaberidze, 235)
 * In that final draft, the powers of the President was expanded vis a vis Parliament and local governments (235)
 * Georgia became a presidential republic (235)
 * Shevardnadze's explanatory speech was: "the economy in its embryonic state, the absence of a clearly defined, socially determined party system and state structures, the insufficient level of parliamentary democracy and political culture, the country's most difficult international situation, when it has finally not found a place in the geopolitical space - this is The conditions of the parliamentary republic are unacceptable for our country... Its canonization would lead to endless parliamentary and governmental crises, which would be disastrous for independent Georgia, which was formed just a couple of years ago." (235-236)
 * Shevardnadze's proposal was criticized by many. Nodar Natadze, at the time chair of the defense and security commission in parliament, called it a "model of provincial communism" aiming at "legitimizing Shevardnadze's illegally excessive government" (236)
 * Natadze feared a presidential dictatorship (236)
 * Even though Shevardnadze's draft differed from what the editorial group agreed upon, the Constitutional Commission finally agreed to endorse it (236)


 * In May 1995, the final option was discussed at the plenary session of the Constitutional Commission. On July 2, with 64 votes against 4, the State Constitutional Commission adopted the draft of the constitution, and the next day, it made a decision to submit it to the parliament, thus completing its work.

Approval
JULY 3 - SEPTEMBER 17 (From submitting the draft to final signing)


 * On August 24, 1995, at 17:50 in the evening, the Parliament of the Republic of Georgia passed the Constitution of Georgia was adopted by 159 votes against 8 (10 MPs did not participate in the voting) in the "Imeli" building.
 * On September 17, the members of the State Constitutional Commission and the Parliament of the Republic of Georgia signed the official text of the Constitution in the hall of the Government Palace, where the Supreme Council of the Republic of Georgia declared Georgia's independence in 1991.


 * The original plan was to submit the constitution to a referendum
 * This idea was scrapped because of the impossibility of holding referenda in Abkhazia and Tskhinvali, complicated socio-psychological situation because of the civil war


 * During the parliamentary debates, the largest point of contention were presidential powers and federalism (Matsaberidze, 236)
 * Some of the opposition wsa willing to compromise on presidential powers in exchange for strong federalism (236)
 * But Shevardnadze would not budge, as he described his ideal presidency at the Second Congress of the CUG: "a president equipped with special rights, who will have the option not to take the decision of the parliament if necessary - this is the model of the government that will lead the country out of the crisis." (236)
 * The opposition criticized the draft because all the parliamentary powers cited in 1921 were now in the hands of the President, with virtually no impeachment mechanism in place (236)
 * The Merab Kostava Society stated, "taking over the presidential institution during the 70-year period of the communist totalitarian regime inevitably leads to the usurpation of all power by one person, suppression of democratic institutions" (237)
 * The opposition newspaper Marji wrote: This project has as much in common with the real contents of the 1921 Constitution... as with sheep's guts - live sheep 9237)
 * The Constitution as it was first adopted was made of a preamble, 9 chapters, and 109 articles (238)


 * Demetrashvili
 * The referendum option had been decided as soon as the constitutional commission was set up (71)
 * The main issue was the loss of jurisdiction in Abkhazia and SO, considering that the fall of Sokhumi took place after the creation of the commission (72)
 * The Constitution was adopted on August 24, 1995 at 1750. The final tally was 159-8, with 10 not present. The vote took place in the Imeli building (74)

First amendments

 * The first amendments came on 20 July 1999, when the Citizens Union (which controlled a super-majority of Parliament) decided to solidify its strength by increasing the electoral threshold from 5 to 7% (Gordoladze, 444)
 * The second amendment was adopted on 20 April 2000 to define Adjara's status as that of an Autonomous Republic (445)
 * It is believed that this amendment was not the result of narrow political interests (445)
 * On 30 March 2001, the Constitution was amended again to allow for a constitutional agreement between the state and the GOC (445)
 * The Concordat was officially adopted in 2002 (445)
 * In 2001, Shevardnadze proposed a series of amendments that would have strengthened the presidency, while introducing the role of PM. These same amendments would be adopted in 2004. (445)
 * This amendment would have created a new chapter "Government of Georgia", which would have created a PM (an idea supported by Shevardnadze for a long time), would enable the President to dismiss the government and fire individual cabinet members, would increase the powers of the President vis-a-vis the legislature (allowing conditional dissolution of Parliament in select cases). It also gave the President the right to cancel legal acts of the government if they ran counter to the Constitutional, international agreements, laws, and presidential decrees. (445)
 * This amendment was the most controversial because it granted the president quasi-judicial functions and violated the separation of powers. Its aim was unclear as no pre-existing condition required this change (445)
 * It also weakened the Constitutional Court
 * These amendments wwere widely criticized, including by Lessig, Bankenagel, Sajo, and Holmes, who noted these amendments would create a super-presidential system (446)
 * It was clear that the purpose was to weaken the legislature and increase the president's powers (446)
 * In 2001, Shevardnadze hinted that he had considered amending the constitution to allow him to run for a third term (https://civil.ge/archives/185443)

Amendments following the Rose Revolution

 * The amendments were drafted in January-February behind closed doors and adopted speedily (447)
 * It was meant to formalize the post-revolution reality and divide powers between the President, PM, and Speaker (447)
 * The new government justified the speedy adoption with a post-revolutionary legitimacy and need for rapid reforms (447)
 * The amendments were criticized by the opposition and part of civil society (447)
 * The constitution became an instrument in the hands of a strong government for the achievement of its political aims (448)
 * The amendments were adopted on February 6, 2004 (448)
 * The main result was strengthening of the presidential powers, weakening of Parliament, construction of a new executive body, and separation of prosecution from judiciary (448)
 * The amendments were adopted speedily, which was justified by the 2001 discussions (447)
 * But it also introduced the jury trial (449)
 * The amendments were aimed at creating a semi-presidential system, although how semi it was remains the topic of debate (449)
 * Some details:
 * New government formed after presidential, nor parliamentary election (449)
 * Government can only be disbanded by President (449)
 * Although votes of confidence are possible (but 3/5 of Parliament) (449)
 * The president's right to veto a governmental decree was a form of supervision by Saakashvili over Zhvania (450)

MAtsaberidze
 * The amendments were drafted and adopted by the 1999 convocation, technically (242)
 * The changes were so great that it can be said the result was a new edition of the constitution (242)
 * Civil society and media criticized the adoption for their sweeping new implications and the rapid pace of adoption. Slogans such as "Georgia heading towards dictatorship", "Russian and Turkmen model instead of French model" were used (242)
 * The new government argued that the reforms were required to allow the revolution leaders broad powers to implement democratic and liberal reforms (243)
 * Georgia moved from a presidential republic into a semi-presidential republic, even though the president's powers were similar to those of the presidential republics (243)
 * Georgia now still had a strong president who controlled the government and could dismiss Parliament (243)
 * One point of concern was the president's legislative dismissal powers. Because Parliament was unicameral, it could imply that the country would be left without a legislature (243)
 * Confusion existed about the separation of powers between the PM and the President, as both had the power to conduct domestic and foreign policy (243)
 * The PM was given the power to dismiss up to a third of cabinet members unilaterally. More would require parliamentary approval. (244)
 * But the PM's powers were limited over strong ministers, who were directly accountable to the President (244)
 * At an international conference in Bratislava in March 2005, Saakashvili indicated he could favor further constitutional amendments to either create a presidential or a parliamentary republic (244)

Transition to a Parliamentary Republic

 * A new state constitutional commission was created on June 8, 2009, by executive order (Gordoladze 453)
 * This was preceded by a longtime political and public discourse about the need for constitutional reform to strengthen checks and balances (453)
 * The final amendments were adopted by Parliament on October 15, 2010 (453)
 * This process was much more open and debated than the 2004 amendments. It was also much better received by civil society and the Venice Commission (453)
 * They were described as a step forward for democracy (453)
 * The system of governance adopte din 2010 was described by Gordoladze as "rationalized parliamentarism", a term borrowed from the process of "rationalization of parliamentary regimes" in Europe following WWI (453-454)
 * It was a system that both weakened the executive because of mistrust towards it, while ensuring its stability (454)
 * The rationalization effect can be seen in the high threshold required for confidence motions (454)
 * The 2010 amendments also reduced the threshold for creating investigative commissions from one fourth to one fifth of MPs, while guaranteeing that the majority holds no more than half of the seats (455)
 * Removes several presidential requirements, including birth citizenship (456)
 * Presidential powers reduced, including the power to conduct domestic and foeeign policies (456)
 * No more power to suspend or abolish legal acts of the government (456)
 * Introduction of countersignature (456)
 * President as nonpartisan figure (456)


 * Matsaberidze
 * The 2010 constitutional reform was mostly about the powers of the President (244)
 * The authority of the President became large in times of emergency situations (244)
 * But most other powers were transferred to the Prime Minister and Parliament (244)
 * The Government was made the highest body of the executive (244)
 * The reform dates back to October 15, 2010 (245)
 * Historical trend: No President (1921), Presidential Republic (1995), Semi-Presidential (2004), and Parliamentary (2010) (245)
 * The constitutional amendments came into effectiveness in 2012-2013 (245)
 * These amendments made the President more ceremonial, though he remained Supreme Commander-in-Chief and state representative in foreign relations. Distanced from executive power. (245)
 * The Government became an independent branch of government (245)
 * The PM was now to be nominated by the winning party in a parliamentary election (246)
 * Cabinet appointments were now made independently from the President (246)
 * This led way to the Parliamentary Way, with the legislature needing to declare confidence in a government, and the potential for cohabitation (246)
 * Added a chapter about local governments, which aimed to be a step towards democracy (246)
 * The main goal of the constitutional reform was to adopt a "European constitution" that would balance the branches of government (260)

2018 "New Constitution"

 * Matsaberidze
 * GD sought to change the constitution as soon as it was elected. A Constitutional Commission chaired by Usupashvili was created on November 3, 2013. (247)
 * The goal of the new constitution would be a new model "not tailored to anyone" (247)
 * The goal was to approve the have the new constitution come into force after the 2016 election, but a lack of super-majority delayed that process, especially as UNM was against changes (247)
 * A new constitutional commission was created after the 2016 election, when GD received a constitutional majority (248)
 * That new commission was created after 10 months of work (248)
 * The amendments were adopted in their third reading in a 117-2 vote on Sep 26, 2017. UNM and EG boycotted the vote. (248)
 * President Margvelashvili vetoed the changes on October 9. (248)
 * GD overrode the veto with 117 votes. (248)
 * Margvelashvili was forced to sign the new constitution on October 19, 2017 (248)
 * Margvelashvili said when signing: "It is extremely difficult for me to sign this constitution. Nevertheless, depending on the internal and external challenges of the country, we should take all steps to avoid possible causes of destabilization. I, as the head of state, supreme commander of the military forces and guarantor of the constitution, am signing this document" (248)
 * Margvelashvili stated that from the beginning of the work of the constitutional commission, it was clear that GD wanted to adopt a one-party constitution (248)
 * The new constitution changed fundamentally the system of governance, the balance of power, and the electoral system. (249)
 * It was also streamlined from 109 to 78 articles. Each chapter now carry their own title, unlike before (249)
 * The main changes were about electing the President and Parliament. (249)
 * The President is now to be elected by an electoral college in 2024 (249)
 * The majoritarian system is to be abolished in 2024 (249)
 * The President remains head of stante, commander in chief, and representative in foreign relations, but no longer ensures the functioning of state bodies. No more right to request discussion of an issue at a government meeting and participate in that discussion. Electoral college to be made of 300 members (MPs and representatives of local and autonomous governments)
 * The President is to be elected for a five-year term without preliminary debate. Two-term limit. Minimal age increased from 35 to 40. Requirement to have lived 15 years in Georgia, but no longer 3 years prior the election. (250)
 * Parliamentary elections in 2020 to have a 73-77 system, with a majority proportional. Threshold brought down from 5 to 3% (250)
 * From 2024, Parliament is set to switch to a fully proportional system with a 5% threshold and no more blocs. Candidates now have to be 25 instead of 21 (250)
 * The PM becomes formally accountable to both the President and the PM and must submit a report once a year to Parliament (251)
 * EU and NATO integration added in Article 78 (251)
 * Kutaisi no longer location of Parliament (251)
 * Marriage defined between man and woman (251)
 * Prosecutor's Office separated from MOJ, accountable to Parliament. Chief Prosecutor to be elected by Parliament for a six-year term (251)
 * Ombudsman is elected for one six-year term (251)
 * Declarations of no confidence become more complex and deadlines are tighter. (252)
 * Budgetary approval is changed and Parliament is no longer racing the risk of dismissal if failing to approve a new budget for three months (instead the same budget will be implemented) (252)
 * Changes to national symbols now require super-majority (252)
 * Increasing or reducing the term of office of an elected body becomes illegal (252)
 * The role of political parties in forming and implementing the political will of the people is recognized (252)
 * Georgia is made a social republic (252)
 * Georgia is responsible for communicating with emigrants (252)
 * The new constitution ensures and recognizes economic freedom and an open economy (252)

KHETSURIANI
 * The 2018 amendments weakened the power of control of the Constitutional Court. This ncludes the power to rule over the legitimacy of elections. (27)
 * He views the results of the 2010 constitution a "disordered parliamentary governance system". As a result, the 2018 constitution was to end the process of transforming the political system of Georgia into a parliamentary system and represents a positive step towards the consolidation and improvement of constitutional structures based on democracy, rule of law, and the protection of basic rights. (28)
 * The constitutional draft was adopted in its first reading already in 2017, but the Venice Commission's recommendations came in only after the second reading, which delayed the process overall (29)

Parliamentary democracy and separation of powers
MATSABERIDZE
 * Already in Article 5 of the 1995 version, it was stated that "state power is exercised by the principle of separation of powers" (257)
 * Georgia was officially a presidential republic in the 1995 (258)
 * The 1995 system was that of a strong president and a strong parliament (258)
 * The President did not have the right to dismiss Parliament, Parliament could impeach the President if he violated the Constitution, committed treason, or a criminal offence. (258)
 * The President had the veto power, but a simple majority could override it (258)
 * Parliamentary independence was guaranteed by: right to discuss any issue freely, right to ask questions, immunity (258)
 * At that time already, MPs were not allowed to hold dual offices or work in the private sector (258)
 * In terms of parliamentary control of the government, Parliament considered and apprived the budget, and heard reports (258)
 * The separation of powers was overshadowed by the fact that Shevardnadze's party controlled Parliament and as party leader, his initiatives all received a rubber stamp (259)
 * Though judicial independence was protected in 1995, that clause was not implemented and was weak (259)
 * The 2004 amendments turned Georgia into a semi-presidential republic, although the President's powers were no less than in a presidential republic. (259)
 * Georgia had a strong president who controls the government (259)
 * The President now had the power to dismiss Parliament if the latter failed to approve a budget or demanded the removal of the government (259)
 * These changes were criticzed by the Venice Commission as not compliant with European standards (260)
 * The Venice Commission saw a problem in the lack of separation of powers and the President had too much power (260)
 * The 2010 reform made Georgia a parliamentary republic (260)
 * The President became a powerful arbiter, while a lot of his powers became transferred to the PM (260)
 * The formation of government was given to the parliamentary majority or majority coalition (260)
 * Critics of the 2010 constitution claim that instead of transitioning Georgia into a parliamentary republic, it made it the "Prime Minister's Republic", with the PM holding large powers and with almost no impeachment mechanism. (260)
 * Parliament remains weak and there is no balance of powers, just a shift in who holds the power (260)
 * The 2010 constitution sought to strengthen judicial independence by making life appointments with a 3-year probationary period (261)

Limits to state power

 * Wolfgang Gaul, who played a major role in the drafting of the constitution, emphasized that it was important for Georgia to include the principles of rule of law and limitations of state power, as a young democracy with an old authoritarian history. (272-273)
 * Though the Preamble defined Georgia as a social and legal state, it did not directly reflect the principle of limitation of state power. (273)
 * Lessig wrote a memorandum stating that the constitution should define clearly the exercise of power and its limits (273)
 * The Constitutional Court is meant to check the powers of the executive and legislative (273)
 * But the government power limit clause was removed from the final draft (273)

Territorial integrity

 * Article 2, Clause 3 (1995) stated that the territorial state arrangement of Georgia would be defined once the territorial integrity was fully restored, making the issue unresolved (316)
 * This was meant to give the government more leeway to negotiate with the separatist regimes of Abkhazia and Tskhinvali (316)

International agreements

 * Georgia is party to the ECHR
 * Georgia International treaties and agreements have a higher hierarchical place than other normative acts in Georgia, but are under the constitution and the concordat (Batiashvili, 19)
 * Georgia is party to the Convention for the Protection of Human Rights and Fundamental Freedoms (19)

Unitarism

 * In 2001, the central government was not sure whether Adjara was allowed to unilaterally create a bicameral autonomous legislature. Shevardnadze at time asked the Ministry of Justice to study the constitutionality of the proposal (https://civil.ge/archives/184868)
 * Though Shevardnadze gave his green light, it created a debate about how far autonomous republics should be allowed to design their institutions, with fears of Abashidze proclaiming himself President of Adjara (https://civil.ge/archives/100123)
 * Questions existed in the early 2000s about the implementation of the Constitution in high mountain regions (especially Kodori) where constitutionally prohbited activities like the death penalty continued to exist (https://civil.ge/archives/100162)
 * Out of the 12 constitutional drafts, 5 had Georgia become a unitary republic with the autonomies of Abkhazia and Adjara. 7 projects envisioned a constitutionally-prescribed regional division. The People's Party's project made Geogia a Federal Republic. (314)
 * Before the constitution was adopted, Shevardnadze proposed to make Georgia a federal republic with three autonomies (Abkhazia, Adjara and Tskhinvali) and self-governing districts. That project had Abkhazia and Adjara entitled to their own constitutions, to be approved by the Parliament of Georgia. The autonomy level of Tskhinvali would be decided via organic law and would have have a charter. (314)
 * Shevardnadze saw federalism as required "because of the problem of Abkhazia" otherwise the idea of federalism "may not have appeared" (315)
 * At the time, many in the opposition opposed the idea of federalism as a violation of national interest. Liberal Democratic Party leader G. Naneishvili called it a "poison" in Parliament. Akaki Bakradze said it would "kill the idea of Georgian statehood" (315)
 * The opposition argued it would only give way to further separatism. (315)
 * Article 2, Clause 3 (1995) stated that the territorial state arrangement of Georgia would be defined once the territorial integrity was fully restored, making the issue unresolved (316)
 * This was meant to give the government more leeway to negotiate with the separatist regimes of Abkhazia and Tskhinvali (316)

Preamble

 * The idea of adopting a new edition of the 1921 Constitution of Georgia was not realized. The founders decided to adopt a new constitution and limit themselves to stating in the preamble that the new constitution is based on "...the centuries-old statehood traditions of the Georgian nation and the basic principles of the 1921 Constitution of Georgia".

MATSABERIDZE
 * The preamblke adopted in 1995 emphasizes that the Constitution is based on "the centuries-old statehood traditions of the Georgian nation and the basic principles of the 1921 Constitution of Georgia". (238)
 * The original preamble set out six basic goals declared as priorities for the state: democratic public institutions, economic freedom, social and legal state, ensuring universally recognized human rights and freedoms, strengthening state independence, and peaceful coexstence with other peoples. (239)
 * By much, these goals coincided with the 1918 declaration of independence on which the 1921 constitution was based.
 * The 1995 preamble should be divided in three sections: sovereignty of the people, the principles that the people strives to establish with the constitution (democracy, economic freedom, social and legal state, human rights, national independence, and peace), and the historical basis of the state (centuries-old statehood and 1921 constitution) (264-265)
 * Two changes were made in the 2010 amendments: the phrase "based on the basic principles of the 1921 Constitution of Georgia" was replaced with a broader "based on the historical legal heritage of the 1921 Constitution of Georgia", and the term "before God and Nation" was added, emphasizing the importance of the document (265)
 * In 2013, UNM was asking for an amendment to the preamble that would solidify the country's foreign policy course. (268-272)

Chapter I - General provisions

 * The second paragraph of Article 4 (Legal state) states the following: "The State acknowledges and protects universally recognised human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the State shall be bound by these rights and freedoms as directly applicable law. The Constitution shall not deny other universally recognised human rights and freedoms that are not explicitly referred to herein, but that inherently derive from the principles of the Constitution."
 * This clause has been the subject of debates and controversy as it was moved from Chapter II to Chapter I in 2018
 * The article has its roots in the 1921 constitution's Article 45, which stated that rights explicitly enumerated in the Constitution are not exhaustive and final and that the enumeration of some rights does not deny or disparage the existence of other rights (Matcharashvili, 201)
 * It is comparable to the Fear and Acceptance concept of Andras Sajo, who stated that in a system where the building of democracy does not have a long history, there will always be a few that the state will try to find loopholes out of human rights structures (201)
 * This clause is ultimately based on the 9th amendment of the US Constitution (201)
 * Up to 2018, Article 39 (chapter II) was the legal successor of the 1921 constitution's Article 45 (201)
 * But the move to the First Chapter has been seen by some as the "diminution of substantive and procedural safeguards for the protection of rights" (201)
 * Up to 2018, it served as a window to certain extent for those universally recognized human and citizen rights, freedoms, and safeguards which were not explicitly mentioned in the Constitution but were inherently derived from the constitutional principles (212)
 * This clause has been interpreted as a tool of a "living constitution", as it allows constitutional protection for rights that are not necessarily included here and may develop over time (212)
 * Under Article 39 protections, we saw the establishment of legal guarantees for the rights of the disabled, the right of cultural identity, etc. (214)
 * Paragraph 5 of Article 4 takes into consideration international norms and human rights standards, including the Universal Declaration of Human Rights (based on the 2002 landmark Bachua Gachechiladze et al v. Parliament) (215-216)
 * Macharashvili and Oniani believe that transferring the clause from the second to the first chapter means that it transformed it from a means of protection of rights to a mere principle (217)
 * The explanatory note that followed the 2018 amendments bill, the move was explained as "For legal certainty, it is appropriate, that the constitutional complaints brought before the Court are based on specific basic rights entrenched in the Second Chapter of the Constitution, which ensures the application of those clear criteria by the Constitutional Court in its decision-making, that are established in the doctrine of these rights." (217)
 * This implies that the use of this clause to protect further rights through the constitutional court has been curtailed (217-218)
 * The principles of filing suits with the constitutional court has been based on the violations of rights found in the second chapter (218)

MATSABERIDZE
 * The principle of economic freedom contradicts the 1921 constitution, the main goal of which was listed as the socialist generalization of production (Matsaberidze, 239)
 * Just like in 1921, the 1995 constitution made Georgia a democratic republic, although the state system was entirely different. 1921 was against separation of powers as all powers should have been in the hands of the legislature (240)
 * There were debates about the name of Georgia. In 1921, it was the Democratic Republic. In 1991, it was the Republic of Georgia. In 1995, it became just Georgia, even though the country was described as a democratic republic (283-284)

Chapter II - Human rights

 * View above for the abolition of Article 35
 * Article 16 is about freedom of religion (Batiashvili, 18)
 * every person  has  the right  to  believe  in  God,  to choose, change and profess any religion, faith or worldview, to share his views, to live and to act in accordance with them. A person can manifest his religion or belief in worship, teaching, preaching, performing rules or rituals, either alone or in community with others and in public or private. This includes the right to be an atheist, also not to profess any religion. (19)
 * The first paragraph of Article 16 makes three distinctions: faith, religion, and conscience
 * The freedom of religion clause is stronger in the Georgian constitution than in precedents recognized by the ECHR (25)
 * Paragraph 3 places under absolute protection one specific record  and  one  specific  condition:  No  one  shall  be  persecuted  because  of  his/her  belief, religion or conscience, or be coerced into expressing his/her opinion thereon.  (29)

Chapter III - Legislature
GODOLADZE
 * In the 1995 constitution, the parliamentary threshold was set at 5% (444)
 * It was a way to filter out the large amount of parties that had won seats in 1992. Out of 54 parties, only three cleared the threshold in 1995 (444)
 * This threshold amendment led to the Citizens Union to control two-thirds of parliament in 1995 (444)
 * It was amended in 1999 to push up the threshold to 7%, strengthening the existing strong parties (444)

Chapter VI - Judiciary

 * Jury trial was introduced in the 2004 amendments (449)
 * Prosecution and judiciary were separated in the 2004 amendments (449)
 * These amendments in 2004 are believed to have bolsetered public confidence in the Georgian justice system (449)

KHETSURIANI
 * Prior to the 2018 reform, the Constitutional Court had the power to rule over the constitutionality of elections (27)
 * Not all powers of the Constitutional Court are regulated by the Constitution. Changes to organic law have expanded or restricted those powers at various times, including in 2002, when its powers were increaed (29)
 * In 2004, the government proposed merging the Constitutional Court with the Supreme Court. The amendment, proposed on December 17, 2004 by Saakashvili for public discussion, would have abolished the court, ended the terms of all constitutional and supreme court judges, allowed impeachment, lowered the age limit, and made a US-type system: presidential nominations and parliamentary confirmations. (29)
 * The proposal was dropped after strong international and national criticism (29)
 * Constitutional Court powers were also reduced in 2016 (30)
 * The fact that the Prosecutor's Office is included in the sixth chapter has been the topic of discussion on whether it should be considered a part of the judicial branch (like in Belgium, Spain, Romania, Latvia, and Croatia) and thus be regulated by the judicial system, or whether it is a constitutionally independent office (30)
 * The 2018 reform set a limit on the regulation of judicial power. Before then, the constitution stated that "judicial power is exercised through constitutional control, justice and other forms established by law", while the new version removes the last six words (31)
 * This was criticized by Khetsuriani, who said that it is too restricting, arguig that the "justice" clause is not wide enough and it can cause questions on the legitimacy of the HCoJ's actions or the Constitutional Court's self-disciplinary actions. (31)
 * The number of judges to the constitutional court is set out by the constitution (32)
 * The constitution used to use the terms "judge of the cc" and "member of the cc" interchangeably, which was replaced by just judge in 2018 (32)
 * There have always been nine judges in the CC, although the idea of increasing the composition was floated in 2018 (32)
 * Requirements before 2010: citizen, over 35, with a higher education. The age was decreased to 30 in 2010, which was criticized by Khetsuriani as opening the potential for unexperienced judges to be appointed. The age was reincreased to 35 in 2018 (33)
 * Other increased criteria: at least 10 years of professional experience and outstanding professional qualifications (33)
 * The nomination system is meant to guarantee equal participation by all branches of government: 3 presidential nominees, three elected by Parliament, and three by the HCoJ (34)
 * Ideas were floated after the move to parliamentarism in 2013 to replace the president with the Government, although that idea was abandoned (34-35)
 * Khetsuriani has proposed to either transfer the appointment powers of the President to the PM or to require a countersignature as the President no longer represents the executive branch of government (35)
 * The 2018 reform made the parliamentary election for CC judges more strict: it went from half of the sitting members of Parliament to 2/3 of the full composition of Parliament, in a move to guarantee more inclusion from the parliamentary minority (35)
 * Judges are appointed for a 10-year term with no chance for a second term (35)
 * The chairman of the Constitutional Court is elected by the court itself for a 5-year term. In 2010, the constitution was amended to allow second terms, but that provision was overturned in 2018 (36)
 * The procedure for selecting candidates for chairmanship of the CC is not prescribed in the Constitution, but in Organic Law. Before 2016, candidacies were proposed in a joint agreement between the President, the Speaker, and the Chairman of the HCoJ. Now, the judges of the CC are the only nominators. (36)

Chapter IX - Local government

 * Created in the 2010 reforms, seen as a step towards democracy and decentralization (Matsaberidze, 246)

Chapter XI - Euro-Atlantic integration

 * The First Republic was based on the principle of neutrality. Neutrality was abandoned in the 1995 constitution already (Matsaberidze, 239)

MATSABERIDZE
 * The first proposal to include Georgia's European and Euro-Atlantic course in the constitution was made by UNM January-February 2013 (268)
 * GD was against it at first but on February 11, 2013, Speaker Usupashvili floated the idea of including it in the preamble (268)
 * Usupashvili stated he would agree if it did not weaken the constitution (269)
 * The Liberty Institute proposed a constitutional amendment that would ban membership into any organization considered a successor of the USSR, a response to fears by some about changes in the foreign policy course (270)
 * The LI said the proposal was based on the Lithuanian experience (270)
 * It also banned the presence of Russian military troops on the territory of Georgia (270)
 * These changes were proposed as a new preamble (270)
 * Gianni Buchicchio, a member of the Venice Commission, disagreed with the definition of the country's foreign policy course in the constitution (271)

Procedures

 * In 2004, the Constitutional Court devised a three-step test of constitutional review of the restriction of fundamental rights by the state (Batiashvili, 26)
 * 1. Prescribed by law - Interference should be prescribed by national law, relevant normative act. At the same time, the law should be “adequately accessible”, predictable and should be formulated with appropriate precision (not vague) so that people can regulate their actions based on it. The law under which a fundamental right is restricted should be sufficiently foreseeable and should not give the executive power large (boundless) freedom of interpretation and arbitrary action
 * 2. A legitimate aim - Interference is justified only for the protection of public safety and order, health, morals  and  the  rights  and  freedoms  of  others.
 * 3. Necessary in a democratic society - When interfering with the freedom of religion, the  state  must  assess  whether  the  interference  is  necessary to achieve the legitimate aim pursued and whether the interference measure is proportionate to that aim.
 * 4. Proportionality - When analyzing interference in the field of fundamental rights, we consider the principle of proportionality (legitimacy, efficiency, proportionate)


 * The 1921 constitution was against the establishment of a constitutional court because it would take powers away from the legislature (Matsaberidze, 241)

KHETSURIANI
 * The Constitutional Court is both a policy-making body and a justice-making body. (31)
 * Because of its large powers, it is one of the highest bodies of the state (31)
 * It has been suggested that the constitutional court deserves its own chapter because of its power (like in Austria, Spain, Bulgaria) (32)
 * However, this view is disagreed by some like Khetsuriani, who says that unlike political bodies, the court can only issue rulings based on appeals and cannot make political decisions (32)
 * The 2018 amendments made the Constitutional Court's powers exclusively listed in the Constitution, while powers were previously defined in the organic law. (37)
 * Nine powers are listed: protection of basic human rights, abstract control of norms, concrete control of nroms, resolution of disputes about powers, control of the constitutionality of international agreements, control of the constitutionality of political parties, control of the constitutionality of the mandate of an MP, constitutionality of referenda and elections, and control and protection of local government rights. (37)
 * On top of these powers, it also plays a role in impeachment procedures (37)
 * The 2018 amendments removed from the court the power of formal control of norms (37)
 * This is important in the 2023 National Bank Act veto override scandal
 * The fact that this power was removed is criticized by Khetsuriani, who says "it will be impossible to restrain the Parliament so that it does not violate the Constitution" (38)
 * Another power removed from the CC was about resolving constitutional disputes between autonomous republics and the central government (38)
 * Another power removed was deciding on conflicts within the judicial system, that power being entirely transferred to the HCoJ in 2018 (39)

Landmark cases

 * Banning of the Centrists Party
 * Constitutional Court legalizing the Rose Revolution
 * Marijuana legalization
 * Government v. Parliament on the president's powers
 * Gender-based quota case

Politicized amendments

 * Karlo Godoladze stated in 2013 that "amendments introduced to the supreme law of the country have been conditioned by political motives" (443)
 * Already in 2013, the constitution had largely nothing in common with and was no longer identical to its original text even though it had been operational for only 18 years (443)
 * The 1999 amendments were described by German attorney Wolfgang Gaul as a "strategic measure implemented by parties represented in parliament with the aim of retaining power" (444)
 * They were adopted by the CUG to guarantee its victory in the 1999 election, especially as it held a super-majority (444)
 * John Elster devised a two-pronged test on constitutional legitimacy: how democratic the process is, and how much it is based on broad and comprehensive discussion, which the 2004 amendments did not meet (447)
 * The 2004 amendments were adopted speedily, behind closed doors, and were meant to formalize the division of powers between the three leaders of the revolution (447)

KHETSURIANI
 * Khetsuriani has criticized the multiple changes in the system of governance through constitutional reforms. He has said that "the establishment of the idea of democracy and the rule of law is not necessarily related to any type of state governance. The idea of a democratic and tripartite state can be successfully implemented under the conditions of a constitutional monarchy, as well as a presidential, semi-presidential and parliamentary republic. There are many examples of this in  the modern world. The main thing is that the state government should be divided according to  the well-known triad, and at the same time, there should be effective mechanisms of restraint and balance between the branches of the government, and the basic human rights and freedoms should be properly protected and guaranteed." (27)
 * Khetsuriani views the 2010 amendments as an attempt by UNM to remain in power (28)

Concordat

 * Gordoladze criticizes the concordat as a violation of the concept of a civil and secular state (445)
 * He claims that it violates constitutional democracy, which is defined as a democracy that does not grant the entire power to a majority (445)

Current debates

 * President in 2020: bicameral parliament
 * Lowering the electoral threshold
 * Elected President