GUARANTEES OF THE INDEPENDENCE OF THE JUDGE ACCORDING TO THE NEW EDITION OF THE GEORGIAN CONSTITUTION

Abstract

  Institutional legitimacy of the judiciary is formally and qualitatively distinct from the legitimacy of political branches and it is considerably more difficult to establish. Judicial legitimacy is built upon the actual and perceived institutional independence and impartiality, and more importantly, through a long process of giving reasoned decisions, as well as, cultivating a public perception of judicial fidelity to law .
  During the 2017 Constitutional Reform significant amendments have been made to the Constitution of Georgia with regard to strengthening independence of judicial system. Despite of the positive amendments, Georgian legislation needs improvements in the direction of independence of the court and individual judges. The report analysis constitutional guarantees of the judge and the total judicial system, its legislative deficiencies and advantages. The report envisages analysis of the best practice and successful international experience regarding independence of the judiciary. The analysis is based on the following methodology - de lege ferrenda and the international experience.