კონსტიტუციის პლურალური ვოტუმით გადასინჯვა და კონსტიტუციური წესწყობილების ლეგიტიმაცია

Abstract

The practice of world constitutionalism clearly shows that a state that differentiates revision forms sets out different procedures of revision. Constitutional revision is a formidable task and is driven mainly by a political agenda. In turn, the supremacy and binding nature of a constitution do not require a political and moral justification. The measure of the legitimacy of constitutional amendments is not whether constitutional amendments were, or a new constitution was, adopted by a body with democratic legitimacy, but whether the process itself was open to all stakeholders, whether it was aimed at consensus building, etc. The issue of constitutional revision has always been topicalwhen discussing the mechanisms of constitutionalrevision in Georgia. An interesting and large-scale innovation was the new form of constitutional revision established as a result of the constitutional reform of 2017 in Georgian constitutionalism. A state in transition to democracy is constantly undergoing a kind of transformation, therefore the supreme law of the state should keep pace with modern trends, and should inspire dynamism, however, at the same time, the constitution should be a „guarantee of permanence”. The present study focuses on analysing these issues.