The Proportionality Analysis in the Georgian Constitutional Jurisprudence and the Prospects of Rationality Review

Authors

  • Zaza Tavadze

Keywords:

judicial review, rationality, proportionality, legal reasoning, impact assessment

Abstract

The proposed regulatory reform in Georgia introduces impact assessment
tool as part of the legislative process. While the lawmaker is accountable
to the public and has a general duty to justify their actions, the political
nature of parliamentary procedures makes it difficult to formally scrutinise
legislature. This paper looks into the argumentative strategy of constitutional
adjudication to showcase that the Georgian Constitutional Court possesses
appropriate analytical framework to move towards realisation of rationality
review of legislation.

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Published

2019-09-30