Inclusiveness of creation process of constitution in Georgia

Abstract

It is very difficult and practically impossible to create the best and most complete constitution. The Constitution is a document created by humans and not by the gods, and just like its creators, this document itself cannot be perfect. There are undemocratically adopted constitutions in the world, but there are no authoritarian constitutions adopted democratically. However, the conditions for drafting and adopting the Constitution can have a great impact on the content of the Constitution.
 Constitution is a legal act or set of legal acts adopted by a supreme body of state power or through a referendum, has the highest legal force and regulates the foundations of the organization of society and the state, the basic principles of the relationship between the individual and the state. Both the concept of the Constitution and the history of its development clearly show its special importance in the preservation and development of the state and society.
 The aim of the presented article is to review the process of creation of Constitution in Georgia, to study the main specifics and obstacles during the process and to analyze the results which has a direct influence on Political, Economic and Social development of State.
 The main methodology used during the research is desk research using historical and legal analysis of the given situation in1990s in Georgia, the challenges that Georgia has after the independence and the main basis and fundamentals for further development of Georgian Constitutionalism.
 Based on research study, authors have identified the main issues that were left out from the content of constitution, that are not only important for democratic states, but has the main influence on creation of democratic governance in country. One of the mentioned issues is the defining of Territorial Structure, which is of vital importance for Georgia. The final part of the article is concentrated on the steps that should be taken for the discussion of issues concerning territorial structure, including the different ethnic groups in the debate for solving current left out, but important issues within the constitution.