Constitutional Changes: Expectations, Challenges and Perspectives

Georgia has amended its constitution more than ninety times since it was adopted in 1995. The frequency of alterations implies that the constitution currently neither corresponds to the needs of a transforming and modernizing Georgian state, nor to the demands and expectations of its people. While academic assessments of transitions processes are indicating that a stable broadly excepted constitution is one of the preconditions for a successful transition towards democratic reform the Georgian reality checks differs.

As a consequence of the ongoing constitutional reforms, a Public Constitutional Commission was formed in spring 2009 by experts, academics, and other representatives of civil society to revise the constitution and suggest how it can be amended to fit the new realities and a future vision of Georgia. Shortly thereafter, the government created a State Constitutional Commission with a similar composition, but also including representatives from all political parties, to explore the constitution’s present shortcomings and propose a new draft to the Parliament.

A revised constitution is a key element for a stable democratic transformation of the Georgian state. Its fundamental principles must be supported by the Georgian people. Public discussions and exchanges about the process ensure that citizens’ participation and a bottom-up approach are duly reflected in the considerations that will lead to a new constitution for Georgia. 

The Heinrich Boell Foundation together with its local partner, the Center for Regional Development and Initiatives, organized its third public debate in Batumi on March 10, 2010. Vakhtang Khmaladze, Head of the Public Constitutional Commission, Avtandil Demetrashvili, Head of the State Constitutional Commission of Georgia together with his assistant Vakhtang Zhvania, as well as Tornike Cheishvili, Head of the Student’s Constitutional Committee presented their views of a revised constitution and engaged with the audience in a lively discussion.

The main points of contention between the experts were whether a semi-presidential system or a parliamentary system would be most suitable for Georgia. Other points of discussion included decentralization, i.e. the future relationship between the central and regional governing bodies and their respective competencies; the separation of power within the state; regulations for public offices; and the rules governing the revision process in general. The dialogue validated the ideas that a revised constitution has to be widely supported by the public to be effective in the long run, and that consultations with civil society, such as the public debate in Batumi, are to reach this goal.

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