Eleanor Finch
The Georgia Constitution is the state constitution of Georgia and outlines the three branches of government in Georgia: the legislative, executive, and judicial branches. The current and tenth Georgia State Constitution was ratified in 1982, replacing the previous 1976 constitution. It has 11 articles and has been amended 91 times. Article One, titled Bill of Rights, contains the Bill of Rights for the citizens of Georgia, including the Rights of Persons, the Origin and Structure of Government, and other General Provisions. This article makes up the largest part of the Georgia Constitution and was first introduced in the Constitution of 1861, which was the first state constitution submitted to the people for ratification.
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What You'll Learn
The Bill of Rights
The Georgia Constitution includes a Bill of Rights, which is a "Declaration of Fundamental Principles" written by Thomas R. R. Cobb. The Bill of Rights outlines the rights and freedoms of citizens in Georgia, and it is the largest part of the Georgia Constitution.
One key provision in the Georgia Bill of Rights is the protection of "Freedom of Conscience." This right guarantees that each person has the natural and inalienable right to worship God according to their own conscience, without interference from any human authority. The Bill of Rights also ensures freedom of religion, speech, and the press, as well as the right to hold public office regardless of religious beliefs.
The Georgia Bill of Rights goes beyond the federal Constitution by including liberties not mentioned in it. For example, it protects citizens from abuse during arrest or imprisonment and explicitly forbids whipping and banishment as forms of punishment for crimes. It also includes provisions for judicial review and the recognition of universally recognised human rights and freedoms.
Additionally, the Georgia Bill of Rights addresses the role of political parties, stating that citizens have the right to form and participate in political parties according to organic law. It also outlines restrictions on political party membership for certain groups, such as those enlisted in the Defence Forces or responsible for state security. The Bill of Rights prohibits the establishment of political parties that aim to overthrow the government or infringe on the country's independence.
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Separation of powers
The Georgia Constitution outlines the three branches of government in the state: the legislative, executive, and judicial branches. The legislative branch is embodied in the bicameral General Assembly, the executive branch is headed by the Governor, and the judicial branch is headed by the Supreme Court.
The Constitution carefully outlines which powers each branch may exercise, and the separation of powers is a key principle in the Georgia Constitution. This principle is reflected in the distribution of powers between the state government and self-governing units, such as the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara. The state territorial arrangement of Georgia can be revised by a constitutional law based on the separation of powers principle.
The legislative power of the General Assembly includes the ability to propose amendments to the Constitution, which must be approved by a two-thirds majority vote of both the state House and state Senate. The General Assembly also has the power to provide a system of free general education to all children in the state. The executive power of the Governor includes the ability to appoint state officials, pardon individuals, and carry out the duties of the office as outlined in the Constitution.
The judicial power of the Supreme Court includes the ability to interpret the Constitution and use it to decide cases. The Supreme Court has cited the Preamble of the Georgia Constitution in cases such as Roberts v. Ravenwood Church of Wicca and Clabough v. Rachwal. The judicial branch is also responsible for declaring legislative acts in violation of the Georgia Constitution or the Constitution of the United States as void.
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Rights of citizens
The Georgia Constitution, revised in 2018, outlines the rights of citizens in the state. It establishes Georgia as a democratic republic, with the people as the source of state authority. The constitution guarantees citizens' rights to freedom, equality, and dignity, and it prohibits torture, cruel treatment, and capital punishment.
One of the fundamental rights enshrined in the Georgia Constitution is the right to testify. The Georgia Constitution protects the right of citizens to testify as witnesses, which is considered an essential part of freedom and liberty. Citizens of Georgia also have the right to hold office, unless specifically disqualified by law. The constitution further guarantees the right to trial by jury, with certain exceptions for civil cases where no issuable defence is filed or when waived by the defendant in criminal cases.
The right to keep and bear arms is also protected by the Georgia Constitution, although the General Assembly has the power to prescribe the manner in which arms may be borne. Additionally, citizens have the right to assemble peaceably and to petition the government for redress of grievances. The constitution also prohibits the passage of certain types of laws, including bills of attainder, ex post facto laws, retroactive laws, and laws impairing the obligation of contracts or granting special privileges or immunities.
The Georgia Constitution also outlines the relationship between the state and the Apostolic Autocephalous Orthodox Church of Georgia, ensuring that it complies with international human rights and freedom norms. It guarantees the separation of church and state, prohibiting the use of public funds for religious purposes. Furthermore, it grants citizens the right to form and participate in political parties, with certain restrictions on membership for individuals in the defence forces, security bodies, and the judiciary.
The rights outlined in the Georgia Constitution are not exhaustive, and citizens may have other inherent rights that are not specifically mentioned. The constitution also provides for the protection of citizens' social status, property rights, and spousal property rights.
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Political parties
The Georgia Constitution is the state constitution of Georgia, and it outlines the three branches of government in the state: the legislative branch, the executive branch, and the judicial branch. The legislative branch is embodied in the bicameral General Assembly, the executive branch is headed by the Governor, and the judicial branch is headed by the Supreme Court. The Constitution also outlines which powers each branch may exercise.
The Georgia Constitution has had a significant impact on the state's political landscape, particularly regarding political parties. The Constitution guarantees the right of citizens to form and participate in political parties, with certain restrictions in place. It stipulates that political parties shall participate in the formation and exercise of the political will of the people, basing their activities on the principles of freedom, equality, transparency, and intra-party democracy.
Restrictions on political parties are outlined in the Constitution, including a prohibition on membership for those enlisted in the Defence Forces, bodies responsible for state and public security, and appointed judges. The establishment and activity of a political party that aims to overthrow or forcibly change the constitutional order, infringe on the country's independence, or violate its territorial integrity are also deemed inadmissible. Additionally, the Constitution prohibits the establishment of a political party based on a territorial principle.
The Georgia Constitution also addresses the issue of regulating political parties, stating that the prohibition of a political party is admissible only by decision of the constitutional court. This provision ensures that any restrictions on political parties are carried out in a lawful and just manner.
Overall, the Georgia Constitution plays a crucial role in shaping the state's political landscape by outlining the rights and restrictions of political parties, ensuring their alignment with democratic values, and providing a framework for their regulation.
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The judiciary
Article VI of the Georgia Constitution outlines the Judicial Branch of Georgia's government, detailing the different courts and their powers and jurisdictions. The article contains ten sections, which describe the composition, jurisdiction, and duties of the Supreme Court, superior courts, and the Court of Appeals.
The Supreme Court
The Supreme Court of Georgia is composed of no more than nine Justices, who elect from among themselves a Chief Justice and a Presiding Justice to serve in the absence or disqualification of the Chief Justice. The Supreme Court is a court of review and exercises exclusive appellate jurisdiction in cases involving the interpretation of treaties, the state or US Constitution, and the constitutionality of laws, ordinances, or provisions. The Court also has the authority to review and overturn convictions, resulting in the reinstatement of judges.
Superior Courts
The superior courts have jurisdiction over all cases, except as otherwise provided in the Constitution. They have exclusive jurisdiction in felony trials, cases involving land titles, divorce, and equity. The superior courts also exercise appellate jurisdiction as provided by law.
Court of Appeals
The Court of Appeals consists of no less than nine Judges, who elect a Chief Judge from among themselves. The Court may sit in panels of no less than three Judges as prescribed by law or its rules. The decisions of the Court of Appeals are binding.
Other Provisions
Article VI also includes provisions for pilot court programs, due process and review by the Supreme Court, and the preservation of existing law. The General Assembly may enact legislation for pilot courts with non-uniform jurisdiction, powers, and selection of judges. No action shall be taken against a judge without a hearing and due process, and removal or involuntary retirement of judges is subject to the Supreme Court's review and order.
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Frequently asked questions
The largest part of the Georgia Constitution is Article One, also known as the Bill of Rights. This article outlines the rights of citizens of Georgia, including the Rights of Persons, the Origin and Structure of Government, and other General Provisions.
There is no clear information on how many sections are in Article One. However, it is important to note that Article One, or the Bill of Rights, is just one part of the Georgia Constitution, which consists of 11 articles in total.
Some key points included in Article One are the rights of persons, such as the right to due process, equality, and freedom from involuntary servitude. It also covers the origin and structure of the government, including the principles of democracy and the role of public officers.
Yes, Article One can be amended through a process that involves proposing amendments in the Georgia legislature, followed by approval by a two-thirds majority vote in both the state House and state Senate. The amendments are then ratified by a majority of qualified electors during the next general election, which is held in even-numbered years.
