THE PROBLEMS OF JUSTICE IN THE LIGHT OF GEORGIAN CONCTITUTION LEGAL FACTS AND THEIR LEGAL QUALIFICATION

Abstract

1. In most developing countries the problem of justice has been traditionally connected with violations by the courts constitution of appropriate State. In brief, we are talking about the violations of principle of the hierarchy of laws.

2. Concerning Human Rights in Georgia the problem relates to the violations by the courts of articles 5, 6, 7 and 39 of the Constitution. Pending a decision on criminal and administrative cases the courts do not check how law and their decision are compliant with these articles. 

3. Most pitiful thing is that the problem relates to the violations by the Constitutional Court of Georgia article 39 of the Constitution. Pending a decisions on cases, the Constitutional Court of Georgia previously does not check how decision is compliant with the article 39 of the Constitution, while in accordance with article 39: “The Constitution of Georgia shall not deny other universally recognised rights, freedoms and guarantees of an individual and a citizen, which are not referred to herein but stem inherently from the principles of the Constitution.” Moreover, such position is contradicted to the fundamental principles of
the Constitution enshrined in 5, 6, 7 articles of the Constitution. The rejection of the application of article 39 of the Constitution took the form of precedent. As a result, the constitutional court the article 39 of Constitution actually replaced by the precedent in violation of article 84, which states: “A judge shall be independent in his/her activity and shall comply with the Constitution and Law only.”

4. The author discusses the legal facts, gives them the legal qualification and offers a path to overcome them.