Simone Lawson
Georgia has a three-tier judiciary system, consisting of first instance courts, appellate courts, and a supreme court. The country's judicial body for constitutional review is the Constitutional Court of Georgia, which was established in 1996. The Constitutional Court is responsible for reviewing the constitutionality of laws, protecting human rights, and resolving disputes related to elections and international treaties. There is one Constitutional Court in Georgia, with nine justices, that operates independently from the general jurisdiction courts.
| Characteristics | Values |
|---|---|
| Number of Constitutional Courts in Georgia | 1 |
| Year of establishment | 1996 |
| Location | Batumi, Autonomous Republic of Adjara |
| Number of justices | 9 |
| Number of chambers | 7 |
| Number of federal bankruptcy courts | 3 |
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What You'll Learn
The Constitutional Court of Georgia
The Constitutional Court plays a crucial role in securing constitutional provisions, upholding the separation of powers, and protecting human rights and freedoms. It has the power to review the constitutionality of legal acts and make decisions based on claims submitted by various entities, including the President of Georgia, Members of Parliament, and the Public Defender. The court's judgments are final, and any act or part thereof that is deemed unconstitutional ceases to have legal effect once the judgment is made public.
The location of the Constitutional Court of Georgia has changed over time. Initially, it was located in Tbilisi, the capital of Georgia. However, as part of the government's decentralization process, the court was moved to Batumi, the main city of the Autonomous Republic of Adjara, on July 5, 2007.
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The Supreme Court of Georgia
The Supreme Court justices select a chief justice for two, two-year terms by majority vote. Justices are selected through a nonpartisan election and serve six-year terms, with the option to seek additional terms. When a vacancy arises, the governor appoints a candidate from a list provided by the judicial nominating commission.
The Clerk's office of the Supreme Court of Georgia is the public office of the Court. It is responsible for receiving, processing, and maintaining permanent records of appeals, State Bar Disciplinary cases, and Fitness Board matters. The office also serves as a repository for the rules of practice of other courts and official documents filed with the Court.
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The history of Georgia's judiciary
Georgia's judiciary has a long and complex history, dating back over 2500 years. The country's judicial system has undergone significant changes and transformations over the centuries, reflecting the dynamic political and cultural landscape of the region.
Prior to the 19th century, Georgia was absorbed into Tsarist Russia, and its judicial processes were heavily influenced by Russian rule. However, in 1918, Georgia declared its independence following the Russian Revolution. This brief period of independence was short-lived, as the Red Army invaded in 1921, and Georgia became a part of the Soviet Union. During this time, the Soviet legal system was imposed on the country, shaping the structure and function of its judiciary.
In 1991, Georgia once again regained its independence from the Soviet Union and joined the United Nations in 1992. This marked a pivotal moment in the development of Georgia's judiciary as it embarked on establishing its own independent judicial system. In 1995, Georgia's parliament adopted a new constitution, and in 1996, they passed legislation that established the structure of the country's court system, including the creation of the Constitutional Court of Georgia.
The Constitutional Court of Georgia is the highest judicial body for constitutional review in the country. It plays a crucial role in securing constitutional provisions, upholding the separation of powers, and protecting human rights and freedoms. The Court consists of nine justices, serving ten-year terms. Three members are appointed by the President, three are elected by Parliament, and the remaining three are appointed by the Supreme Court.
The Supreme Court of Georgia, established in 1845, is the highest court in the state. It consists of eight associate justices and one chief justice, who is selected by a majority vote of the supreme court justices. The justices of the Supreme Court are chosen through a nonpartisan election and serve six-year terms. The Court has the authority to review and decide on a range of legal matters, including constitutional disputes and impeachment proceedings.
Throughout its history, Georgia's judiciary has faced challenges and undergone reforms to ensure the independence and integrity of its judicial system. The establishment of the High Council of Justice in 1997, the Conference of Judges, and the High School of Justice in 2006 reflect the country's ongoing efforts to strengthen and improve its judiciary.
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The selection process for justices
The Judicial Nominating Commission (JNC)
The Judicial Nominating Commission plays a crucial role in the selection process. When a vacancy arises, the JNC reviews applications and recommends candidates to fill judicial positions within the state, superior, and appellate courts in Georgia. The JNC's process includes:
- Preliminary Review: In cases with a large number of applicants, the Co-Chairs may appoint a subcommittee to conduct a preliminary review.
- Interviews: The JNC meets to interview candidates.
- Executive Session: After the interviews, the JNC discusses the candidates and makes recommendations.
- Submission to the Governor: The Co-Chairs submit a list of the most qualified candidates to the Governor.
The Governor's Role
The Governor of Georgia has the authority to appoint candidates to fill judicial vacancies. Upon receiving the list of recommended candidates from the JNC, the Governor may choose to interview applicants, resubmit the vacancy, or take other appropriate actions. The Governor's appointment process is subject to specific guidelines and timelines.
Nonpartisan Elections
Justices on the Supreme Court of Georgia, the state's highest court, are selected through nonpartisan elections. Candidates vie for seats without a designated political party affiliation. The elected justice serves a six-year term and may seek additional terms in subsequent nonpartisan elections.
Gubernatorial Appointment
In certain situations, such as when a seat becomes vacant mid-term, the governor may appoint a candidate to fill the vacancy temporarily. The governor receives a list of candidates from the judicial nominating commission but is not obligated to select from that list. The appointed justice holds office until the next general election more than six months after the appointment.
Legislative Approval
In some cases, the selection process for justices in Georgia may involve legislative approval. For example, judges nominated to the Tax Court, which has statewide jurisdiction, are subject to approval by the Senate and House judiciary committees.
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The jurisdiction of the Constitutional Court
The Republic of Georgia is a democratic republic with a civil law system. The Constitutional Court of Georgia is the country's highest judicial body for constitutional review. It was established in 1996, a year after the country adopted a new constitution. The Constitutional Court is tasked with securing constitutional provisions and the separation of powers, as well as protecting human rights and freedoms.
The Constitutional Court of Georgia consists of nine judges, who are appointed for a term of 10 years. The appointment process involves all three branches of state power, with three members appointed by the President, three elected by the Parliament, and three appointed by the Supreme Court. A judge of the Constitutional Court must be a citizen of Georgia, at least 35 years old, with a higher legal education and a minimum of 10 years of professional experience.
The Court has several duties and powers, including reviewing the constitutionality of legal acts with respect to fundamental human rights. It can review disputes related to norms regulating referendums or elections and the constitutionality of those referendums and elections. The Court also reviews the constitutionality of normative acts to be applied by common courts, ensuring they do not contravene the Constitution. Additionally, the Court resolves disputes about the competences of public institutions and participates in certain impeachment proceedings.
The judgements of the Constitutional Court are final and carry significant weight. Its role in safeguarding the Constitution and protecting human rights is crucial for the country's judicial system and the maintenance of democratic values. The Court's decisions can shape the interpretation and application of the law, ensuring that the government and other institutions act within the framework set out by the Constitution.
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Frequently asked questions
There is one Constitutional Court in Georgia, established in 1996.
The Constitutional Court of Georgia is the country's judicial body for constitutional review. It reviews the constitutionality of laws, protects constitutionally-defined human rights, and resolves constitutional disputes between public institutions.
There are nine justices on the Constitutional Court of Georgia.
