Constitutional Court Decision Pro Futuro Effect and its Development in Georgia
Keywords:
Constitutional court decision, effect in time, suspension of rendered decisions inactment, Pro Futuro Effect, specialized constitutional control mechanisms.Abstract
Article concerns effects of constitutional court decisions in time, more precisely, suspension of rendered decisions enactment (Hereinafter -“Pro Futuro Effect”). The first part of the article discusses development tendencies and characteristics of range of specialized constitutional control countries’ Pro Futuro Effect legal and judicial practice. As for the second part, it concerns Pro Futuro Effect of the Constitutional Court of Georgia judicial practice and afterwards, its establishment in normative structure of the Constitution of Georgia.
Article’s Special attention is dedicated to identification and discussion of Pro Futuro Effect usage legal grounds. In the light of experience of various specialized constitutional control mechanism countries, issues regarding constitutional court decision inactment suspension for concrete term and its determination principle will be reviewed.
Study and analysis of various countries experience introduced in the article and so as of Constitutional Court of Georgia practice gives us an opportunity to get specific idea about the basis of operation and need of the Pro Futuro Effect within the constitutional ruling practice. Outcome of the research presented to you as the article, in our reality, contributes to guaranting the usage of Pro Futuro Effect in constitutional ruling practice to be subordinated to right direction of legal logic. Article is based upon analizing methods of comparative, judicial practice and normative acts.
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