Normative Regulation of the President's Veto in Georgian Legal Reality

Authors

  • Zurab Matcharadze
  • Paata Javakhishvili

DOI:

https://doi.org/10.60131/jlaw.1.2023.7068

Keywords:

promulgation, presidential veto, parliament, reasoned statements, legislative process, checks and balances principle.

Abstract

In modern constitutionalism, the mechanism of checks and balances between the highest executive bodies is one of the main characteristics of a legal and democratic state. The interaction of the government branches is limited by the constitution and includes many tools, among which the right of the head of a state to make the reasoned statements on the law adopted by the legislative body and return the law to political discussions, must be highlighted. This right, which is often specified as the presidential veto in republican countries, has an exceptional importance in terms of the practical implementation of checks and balances principle.

In Georgian legal reality, constitutionalization of the presidential veto is connected to adoption of the Constitution in 1995. Since this period, the procedural rules defined by the Constitution of Georgia have undergone many changes, and finally, on the basis of the constitutional reform of 2017, they were formed with the current version. The abovementioned constitutional reform led to a new regulation of the president's involvement in the legislative process. The purpose of this article is to identify and discuss issues related to the normative regulation of the president’s veto.

 

Author Biographies

Zurab Matcharadze

Doctor of Law, Professor of Georgian National University, Assistant Professor of Ivane Javakhishvili Tbilisi State University.  

Paata Javakhishvili

Doctor of Law, Associate Professor of Sulkhan-Saba Orbeliani University, Assistant of Iv. Javaklhishvili Tbilisi State University.

References

Constitution of Georgia, 21/02/1921

Constitution of Georgia, 1921, 24/08/1995.

Constitutional Law of Georgia "On Amending the Constitution of Georgia", 19/10/2017.

Organic Law of Georgia "On Normative Acts", 22/10/2009.

Law of Georgia "On State Power", 06/11/1992.

Law of the Republic of Georgia "On Establishment of the Office of the President of the Republic of Georgia and Amendments and Additions to the Constitution of the Republic of Georgia", 14/04/1991.

Regulations of the Parliament of Georgia, 20/09/1994.

Regulations of the Parliament of Georgia, 06/12/2018.

Explanatory note to the Constitutional Law of October 13, 2017 "On Amendments to the Constitution of Georgia".

Dzamashvili B., The Expediency of Equipping the President with the Right to Veto in the Legal and Political Reality in Georgia, Student Law Journal, 2013, 99 (in Georgian).

Gegenava D., Introduction to Georgian Constitutional Law, Under the editorship of Sulkhan-Saba Orbelian University Publishing House, Tbilisi, 2019, 31 (in Georgian).

Javakhishvili P., The Chronicle of the Evolution of the President Veto of Georgia, in the anniversary collection; "Avtandil Demetrashvili 80", Tbilisi, 2021, (in Georgian).

Javakhishvili P., Anatomy of the normative regulation of the veto of the President of Georgia, in the collection: "800 years of constitutionalism", Tbilisi, 2017, 114, 116 (in Georgian).

Kobakhidze I., Constitutional Law, the first edition, Tbilisi, 2019, 29 (in Georgian).

Papashvili T., The President's Right to Veto: Dimensions and Context, Models of State Governance: Georgia's Constitutional Reality and Perspective, Gegenava D.(ed.), Tbilisi, 2016, 28 (in Georgian).

Published

2023-06-30

How to Cite

Matcharadze, Z., & Javakhishvili, P. (2023). Normative Regulation of the President’s Veto in Georgian Legal Reality. Journal of Law, (1), 178–188 (Geo) 157. https://doi.org/10.60131/jlaw.1.2023.7068

Issue

Section

Articles