Constitutional Law is the foundation of a country's legal system, ensuring the supremacy of fundamental human rights and freedoms. In Georgia, the Constitution is the supreme law, and any other legislative or normative act must comply with it. A constitutional dispute is not an ordinary court proceeding; it is a battle against systemic injustice where the law itself, or a specific norm, violates human rights. This field requires lawyers of the highest qualification, as decisions of the Constitutional Court create precedents and change the rules of the game nationwide.
On the Legal.ge platform, you will find constitutional law experts with experience in litigating cases before the Constitutional Court of Georgia (located in Batumi). Their services include:
- Drafting Constitutional Claims: Challenging the constitutionality of a normative act (law, decree, order) if it infringes upon a person's fundamental rights (e.g., property rights, right to work, freedom of expression).
- Preparing Submissions: Assisting judges of common courts to refer a case to the Constitutional Court to declare a specific norm unconstitutional during ongoing proceedings.
- Amicus Curiae Briefs: Submitting professional opinions to the court on cases of high public interest.
- Legislative Consultation: Assessing risks for businesses and organizations regarding whether new regulations violate their constitutional rights.
The practical importance of constitutional law is significant. For instance, if Parliament passes a law prohibiting a certain type of business activity without compensation, this may contradict constitutional guarantees of property rights or freedom of enterprise. In such a case, a business can appeal to the Constitutional Court and demand the annulment of this norm. Another example is when a criminal procedure norm disproportionately limits the accused's right to defense; a lawyer challenges this norm to protect not only the specific client but the principle of a fair trial in general.
In Georgia, this field is regulated by the "Constitution of Georgia" and the "Organic Law of Georgia on the Constitutional Court of Georgia." Chapter Two of the Constitution details fundamental human rights. The Constitutional Court is empowered to annul any normative act that contradicts these rights. It is important to note that the Constitutional Court does not review specific factual circumstances (who is right in a dispute) but evaluates the constitutionality of the law itself.
The process begins with filing a claim. The claim must be substantiated and meet strict formal requirements for the court to accept it for consideration (merits stage). The lawyer must prove that the disputed norm causes direct and immediate harm to the plaintiff. If the case is won, the unconstitutional norm is declared void immediately upon publication, which is a paramount legal consequence.
Lawyers presented on Legal.ge will help you pursue top-tier legal defense. If you believe the state violates your fundamental rights through its laws, a constitutional dispute is the most effective, albeit complex, way to restore justice. Our platform gives you access to professionals capable of successfully navigating this challenging process.
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