“The Special Role of the Apostle Autocephalous Orthodox Church of Georgia in the History of Georgia” as the basis for exclusive exemptions and privileges - Case Law of the Constitutional Court of Georgia

Abstract

Between 2015-2018, the Constitutional Court of Georgia consideredtwo cases with respect to religious organizations’ Right onEquality and Non-discrimination. The Respondent Party, the Parliamentof Georgia, as one of its arguments, indicated that allegeddifferent treatment - exemptions and privileges granted exclusivelyto the Orthodox Church of Georgia, was justified by the ‘SpecialRole of the Orthodox Church of Georgia in the History of Georgia’.In connection with that argument, the Court made valuableinterpretations, in particular, whether and to what extent the specialrole of a religious institution in the historical past of countrycan be used to pursue an aim to create the privileged status for it inthe present days. The present article considers this very issue fromthe perspective of the Constitutional Court of Georgia’s Case Law.