Requesting the Justification of a Constitutional Claim as a Guarantee of Effective Constitutional Control

Authors

  • Kristine Kuprava

DOI:

https://doi.org/10.60131/jlaw.1.2024.7949

Keywords:

Constitutional Court, Constitutional Control, Effective Constitutional Justice, Fundamental Human Rights, Constitutional Claim, Acceptance of a Claim for Consideration on Merits, Justification of the Claim.

Abstract

Following an increased appeal the Constitutional Court of Georgia faces the challenge not to be overburdened with baseless constitutional claims and submissions. The court needs to take into consideration the issues that fall within the scope of powers determined by the Constitution and serve to restore the violated right and prevent an infringement of the right. Since the substantial consideration of each constitutional claim is related to limited human and material resources, only their rational application can ensure the implementation of the mandate of the Constitutional Court.

The article is dedicated to the complex and comparative analysis of the theoretical and practical problems arising while deciding on the issue of considering constitutional claims substantially, particularly in terms of requesting justification. The paper will also discuss specific recommendations to improve legislation in the mentioned discipline and provide judicial practices.

Author Biography

Kristine Kuprava

Visiting Lecturer of Ivane Javakhishvili Tbilisi State University, Faculty of Law, doctoral student.

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Published

2024-06-30

How to Cite

Kuprava, K. (2024). Requesting the Justification of a Constitutional Claim as a Guarantee of Effective Constitutional Control. Journal of Law, (1). https://doi.org/10.60131/jlaw.1.2024.7949

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Section

Articles