Shorena Kvartskhava
International Black Sea University
Faculty of Law
CONSTITUTIONAL
LAW
• Constitutional law is an area of law dealing with the
interpretation and application of the powers, rights, and
freedoms established by a formally adopted constitution or
charter. It encompasses the powers of the various branches
of government and the rights of the people.
• Constitutional law evolves over time as it is
interpreted by the courts and legislative bodies.
• The protection of human rights and civil liberties are
common elements of constitutional law.
Constitutional Law Definition
By establishing the authority of the government, as well as the rights
of the people, constitutional law is the foundation of all other
procedural and substantive laws applied within the country.
the term “constitutional law” generally refers to the laws of the
central government. In most federal governments, like the United
States and Canada, constitutional law defines the relationship and
division of powers between the central government and the state,
provincial, or territorial governments.
Common elements of constitutional law include the provision and
assurance of human rights and civil liberties, legislative powers, the
division of governmental powers, and assurance of protection under
the rule of law.
Civil Liberties and Human Rights
As essential elements of constitutional
law, human rights and civil liberties
protect the rights and freedoms of
individuals against the actions of the
government. Human rights refer to the
natural rights and freedoms of all
people. Civil liberties are the rights and
freedoms specifically granted to
individuals by a constitution, such as the
right to trial by jury or protection from
unreasonable search and seizure by the
police.
Legislative Procedures
Constitutional law establishes rules
and procedures by which governments
legislate, or make laws. For example,
the process for enacting new laws or
amending existing laws, the method of
amending the constitution, and the
number of terms or years a member of
the legislative body may serve.
Separation of Powers In most modern nations,
constitutional law divides the
power of the central government
among three functional branches.
These branches are typically an
executive branch, a legislative
branch, and a judicial branch.
Most constitutions divide the
governmental powers in a way to
ensure that no one branch can
dominate the other two.
Rule of Law
The constitutions of virtually all
nations establish a “rule of law,”
the principle under which all
persons, institutions, and entities
within the country—including
the government itself—are held
equally accountable to the laws
enacted by the central
government.
Constitution of Georgia
The constitutuion of Georgia
is the Supreme Law of the
State of Georgia, which was
adopted by the Parliament of
Georgia on August 24, 1995.
It entered into force on the day
of the recognition of the
authority of the newly elected
Parliament of Georgia in
1995.
According to the Constitution
of Georgia, Georgia is an
independent, united and
indivisible state. State power,
as in all democratic states, is
based on the principle of
separation of powers - the state
power of Georgia is divided
into legislative, executive and
judicial powers. The source of
power is the people.
The Constitution of Georgia reinforces the universally
recognized human rights and freedoms. State power
recognizes these rights and freedoms as eternal and
supreme values. In exercising power, the people and the
state are restricted by these rights and freedoms as
directly applicable law. The Constitution of Georgia
declares freedom of religion and belief, and recognizes
the special role and independence of the Georgian
Apostolic Autocephalous Orthodox Church.
Thank you for
attention