Changing constitutional identity: Constitutional reform and new concept of human rights in Georgia

Dimitry Gegenava

doi:10.46282/blr.2019.3.1.128

Authors

Dimitry Gegenava Sulkhan-Saba Orbeliani University

DOI:

https://doi.org/10.46282/blr.2019.3.1.128

Keywords:

Constitution, Georgia, Constitutional Reform, Human Rights, Constitutional Identity

Abstract

Constitutional reform of 2017 – 2018 amended the whole text of Georgian basic law, including the 2nd chapter – Basic Human Rights. Many articles and human rights were displaced to other chapters as general principles, some new and postmodern rights were added to the text. These changes are not only ordinary amendments; they make constitutional court and other state organs to realize their duties, and individuals to find new ways of protection of their rights. New constitutional regulation raises new forms and meanings, but this novation includes risks and perils, that should be discussed and analysed not only in the light of national constitutional law, but also in comparative and international context. This article describes main directions of amendments in the chapter on human rights and analyses perspectives, positive and negative aspects of them.

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