The Constitution-Making Politics in Georgia

CEU eTD Collection In partial fulfillment of the requirements for the degree of Master of Arts The Constitution-making Politics in Georgia in Politics The Constitution-making Supervisor: Professor Nenad Dimitrijevic Nenad Professor Supervisor: Department of Political Science Political of Department Central European University European Central Budapest, Hungary Anna Kapanadze Submitted to Submitted (2010) By CEU eTD Collection of Georgia always reflect these interests. these reflect always of Georgia of Constitution the articles theparticular and consequently interests by agents’ influenced the of Georgia’. My findinggeneral is that Georgianthe constitution-making is process heavily ‘new the Constitution about and expectations general assumptions offers concluding chapter in pre- The Georgia. government the of of a new of several arrangement on drafts type working Commission Constitutional National the and situation ongoing the and Revolution’ ‘Rose the after powers of of separation in terms main amendments Union, of Soviet the fall afterthe constitution first the discussed: are in Georgia waves’ main ‘constitutional three four chapters latter these In of powers. separation concerning constitution of Georgian the on since articles period areconcentrated the discuss 1995and provided. Following chapters making process on the one hand and the Georgian constitutionalism history on the other are of constitution- the overview historical and theoretical thesis the of the chapters three first the In people. of group identifiable maybe to serve Constitution the of amendments the how and crisis political and economic war, ‘revolution’, regime, the of fall Georgia: in changes of political analyze I consequences the examined. are governance concerning (constitutions) andof and separation oftheGeorgian chapters the of the constitution powers articles in are discussed terms process theGeorgian constitution-making thesis and the Constitution 2010. In the 1995, 2004, constitution-making the inGeorgiaispolitics - My thesis about Abstract i CEU eTD Collection BIBLIOGRAPHY:...... 42 ...... 39 CONCLUSION 7: ASSUMPTIONS ABOUT GENERAL CHAPTER CONSTITUTION’‘NEW THE OF GEORGIA...... 35 ...... 27 WORK CHAPTER 6: AFTER WAR OR AFTER CRISIS? CAUSES OF ASSIGNING CONSTITUTIONAL COMMISSION AND ITS ...... 19 OF THE CHANGE SYSTEM GOVERNMENTAL CHAPTER 5: THE ‘ROSE REVOLUTION’ AND VITAL AMENDMENTS TO THE GEORGIAN CONSTITUTION - 4:THE1995 CONSTITUTION...... 15 CHAPTER PERIOD...... 12 3:THETRANSITIONCHAPTER ...... 7 2: CHAPTER THE CONSTITUTION-MAKING PROCESS(THEORETICAL OVERVIEW) 1: HISTORY...... 6 GEORGIAN CONSTITUTION-MAKING THE CHAPTER ...... 1 INTRODUCTION Table ofContents I NTERNET R ESOURCES ...... 43 ii CEU eTD Collection the Ship at Sea, forces: “Generally speaking,wemay of process asshapedthink bytwo constitution-making the Introduction 4 ‘Constitutionalism and Democracy Transitions in the Contemporary OxfordWorld’, University Press,1993, p.3 3 Legitimacy Constituent Power and Constitution”,the M. Rosenfeld in (ed.), 2 1988,Press, p. 15 1 Jon Elszter, Claus Offe, and Ulrich Walter F. Murphy ‘Constitutions,K. Constitutionalism,Preuss and Democracy’, ed. Douglas Greenberg and others U. Preuss “Constitutional Powermaking for the New Polity:Some Deliberations onthe Relations Between G. Q. Walker, arguing (Durham and London: Duke University Press, 1994), p. 143 Cambridge University Press, 1998, p. 77 The Rule ofLaw. Foundation of Constitutional Democracy, and bargaining ” (Elster 1995). ” (Elster “Thepower tomakeaconstitution isthepower tocreate “Constitutionalism… enshrines human respectworth for limits onwhat itcando,evenwhen perfectly mirroring operates as (or, asfar one knows, hasoperated) either “Power andlaw are polaropposites… nogovernment value… government mustbe hedged inbysubstantive Institutional Design inPost-communist Societies –Rebuilding and dignityas its central principle. To protect that entirely through power or entirely through law”. 1 4 In order to figure out how these two forces Constitutionalism, Identity, Difference and Melbourne: Melbourne University a politicalorder ex nihilo”. Walter F. Murphy the popular will” G.Q. Walker G.Q. U.K. Preuss 3 1 2 CEU eTD Collection 5 which is not researched yet. in Georgia, process case influencing constitution-making the interests –political concrete the problem in Idecided researchtheconcrete isunderstudied. So, to particular case–Georgia the but issue, the about written books and articles political and legal numerous are There inashortreasons causedby period constitution-making of different time. seems interesting and relevant tome, as in this case we can observe ‘three main waves’ of the case Georgian the that Besides politics. constitution-making Georgian the of tendencies and Constitution Georgian in the reflected is directly view, of in mypoint development, country, in which hasbeen last permanent transition for twenty years. This of kind unstable a situation, political critical faces internal frequently affairs, foreign andbesides regime fall the Soviet stabilizethe after of itspolitical situation not could acountry existence, which itexists”. that a nation in a new condition can declare toits own citizenry, aswell as to the rest of the world, sothat arecreated foundations as me,“Constitutions the to because seemsrelevant The topic document. offered order adopted bythe constitutional and interests the agencies agents’and background, between political linkage the the analyze and articles concrete the discuss one, current the amending or Constitution new immediate political beforecheck adoptinga situation toIdescribethe order thisstatement In process. ininfluence constitution-making the havea great political and,actors that matter and agents that as theargument be My can agencies making summarized process. answer in constitution- identify matter agencies how the is to my question research characteristics, in andhowhistory they and Georgian the interact case constitutional shape Georgian the Andras Sajo Limiting Government – An Introduction to Constitutionalism, 5 Georgia is a ‘new democracy’, trying to declare and legally confirm its 2 Budapest, CEU press,1999, p. 16 CEU eTD Collection simultaneously, and, constitutional political situation keeping of tool under permanent control. have to preferences actors’ groups, interest and interests political political force being incharge, refused to amend constitution in away to make it legally rigid one because of the 7 Legitimacy Constituent Power and Constitution”,the M. Rosenfeld in (ed.), 6 bearers considering constituent the of leaders,themselves leaves room for groups new terms political and inlegal both flexible stays still it is that regimes different during One main similarity we can observeindependent. in the Constitutionschallenges of Georgia at differentundoubtedly interestingvery it nothighlightbut specifica topic, the features does of political times and GeorgiaUnion waspartof in Soviet the Because force. were and Sovietthis Constitutions is of the thefirst,“four long”adopted 1989, when and day period Constitution 1921 to from the Georgiancovernot very the first Constitution inof adopted Georgia 1921 when Georgian the republic transitionon the draft of a new Constitution or the new amendmentsmain Union, inNationalConstitutional working amendments the the 2004 and Commission in 2009-2010. In this thesis I will and firstadopting in the fall Soviet the the Constitution after Georgia of 1995,the constitution of political aton of instituted for various IwillGeorgia the background time political periods? analyze event” catastrophic or asimilar war, lost a arevolution, after dynamics“New constitutions after are empirically country. of the main course the determine political interests institutedGeorgia these in although, Georgia, on politics influence constitution-making on the have direct to not the ruins believe I and ofbroad isvery an country the within orderprocesses ongoing reflect this became does how and which has collapsed international politics and political order orthe different global interests coincide in the region the how about topic The in Georgia. interests and affairs internal on my research concentrate and situation political global of issues the cover not will I that here note to important is It Iwould evenclaim, based on the currency and manner the Constitutionof Georgia has beenchanged, that each U. Preuss “Constitutional Powermaking for the New Polity:Some Deliberations onthe Relations Between (Durham and London: Duke University Press, 1994), p. 143 3 Constitutionalism, Identity, Difference and 6 . What were the Constitutions the were What . 7 and CEU eTD Collection more boldly than it is known and accepted in the theory. the in accepted and known it is than boldly more Constitution Georgian the in reflected is process political whether and process whole the on influence personal onesthe I think fully chosen illustrate I posedthe have – questionwhether authority, research in charge of my current making Constitutionfor but the has principles, constitutional and issues different concerning parliament 8 regime instance situation (for see is political particular way the here what is to the So, interesting change, preferences. and actors’ constraints revolution, political between is an interplay process isand basedon this singledocumentit. derives from Consequently, constitution-making the politicalConstitution is not a ‘simple’ legal document -it is also apolitical concept. The whole system The variables. two these between andcorrelation relationship close the weobserve countries, or economic different of process constitution-making atthe look we history. If constitution-making the amendments) crisis,2004 amendments and 2009-2010 constitutional commission main on working a newdraftor war) mainthe and tendencies streams influencing All the process. choicesthree (1995 constitution, reflectsI observed determine history fall the constitutional Union the Georgian Soviet after of to the on the called. areoften Georgia actors’ as countries assuch for a‘newdemocracy’ especially democracy, for results cause fatal will but period transitional the for work can and excused be can which preferences actors’ constitution-making history heavily depends on personalities and personalselfinterests, Discussing research andanalyzingabove stated found the thatquestion, Georgian Ithe out in politics Georgia. in constitution-making the tendencies caused these in the country in order to protect their own positions and preferences. My aim islearn to what initial its loses principle idea and becomes ina tool thehands inof officials reshape charge to legal the order Constitution the when Constitution”, of “inflation as politics of kind this identify would I itself. Constitution the of idea the down narrow to tends Georgia in making constitution- the of politics observed The will. own their to according it change to authority, During During addressedthe period (1995-2010) numbers of constitutional amendments were adopted by Georgian 8 were highly influenced ifnot causedby crisispolitical it as often happens in 4 CEU eTD Collection 2) The Ruleof Law.Foundation ofConstitutional Democracy, 9 issues (like aboutthe problem of literature constitution-making the theoretical reviewing the connectionsduring differentand political influencesperiods and as a result of Georgia Constitution the madeof to amendments basis analyzing of on various and case (Georgia) events, answer the question of about differentAs a method of research I have chosenpolitical content analysis,draft. as I plan to work on eventsone particular politicianson particular and form my opinion has consequences Georgia by heavily from influenced gained processes politics and about amendments. what we shouldprocess expect from causesAfterthe new amendments general,or is / the basis which in process influence circumstances what theconstitution-making crisis of or kind political of which of constitutionalthem Georgia and how the politicalare situation is connected to this process. Itis interesting todiscuss typical change.I have examined kind of what issuescause political constitution-makingthe in process of I thewill Georgiantry to observe is‘Yes’. questions these political what by begovernmentto bound constitution? the reality andlegal which requirements?political law control and or ignore absolutely power come to to leaders,willing political that possible shadowthe ofmain actors’ revolutionary numberin the changed political in order 2004? Is it Do see Or canone his herown totaste? or model according the and leader’ reshape an ‘almighty they ignorebecome to person forleast one itpossible makes orat and evenpushes leaves room situation one political the complicated that an put ongoingIsit true endand civil wars? to believed to of the presidential in model by 1995influenced was politicalthe figure,seenasa time atthat savior main principles choicehow resultspreferences, in the of and the Canweclaim producing Constitution. that of democracy – the or wecall this or can principle –Rule or‘government ofLaw underlaw’ asWalkercalls it(see G. Q.Walker, 5 9 According to my research the answer to all Melbourne: Melbourne University p. Press, 1988, CEU eTD Collection with the government and the head of the government elected by the Parliament. The Parliament. the by elected government the of head the and government the with represented was branch executive The ballot. secret the by suffrage proportional and direct, equal, basis of the universal, on body elected representative Parliament; was the country the body of arepublic.Thesupreme wasdeclared as Georgia FirstConstitution Accordingthe to http://constcommis.gov.ge/index.php?do=resource/view&id=57 1918-1921 during andthe on bases of debates was adopted considerations Red Army.This constitution constitution,it given literally that wasadopted fourdays Georgia’s before by annexation the 1921) when veryfirstthe Constitution Itiswas adopted. discuss difficultto andevaluatethis The Georgian history constitutional begins in during1921, the Georgian first republic (1918- case symbolize? Georgian the http://constcommis.gov.ge/index.php?do=resource/view&id=60 11 10 “Writing a constitution is a symbolic eventin the life of a people or country” be andanalyzed. captured fully overview is given here in sake of the whole development of the Georgian constitutionalism to a background of dynamics constitutional Georgian the 1995.Thisbriefafter historic describesThis inbrief history. constitution-making isprovide Georgian chapter the aim to Its history Georgian constitution-making Chapter 1:The branches. and legislative the between executive of power particular of amendments 2004 and offeredof in drafts 2010 terms of separation and division time,etc.), Ihave procedures, content analyzedthe of Constitution the of Georgiain 1995, Malkhaz Matsaberidze, publications Constitution making in Eastern Europe ed. A. E. Dick Howard, The Woodrow WilsonCenter Press, 1993, p.1 11 . The Idea of Constitution in1918-1921 Georgianyears society 6 and In search of Georgian model of democracy 10 , but what does what but , CEU eTD Collection follow in my research. The constitution-making is process interestingan field of forstudy Before discussing the Georgian (theoreticaloverview) Chapter 2:The Process Constitution-making case I would like to offer the theoretical framework I will to study. is issignificant notand process my forGeorgia, which constitution-making characteristic aim democratic institutions or separation of powers, for instance, also this type of the the to according be discussed cannot constitutions soviet andthe process different radically be Sovietin in cannot interesting RepublicGeorgia thisweobserve of these ascase terms, analyze1921 Constitution.not the the first, Also, the Constitutionsof discussion of the As my aim for this thesis is to discuss Georgia’s current1936 and 1977constitutions of Republic of Sovietthe Georgia. constitution-making politics, I will them was in 1922 onthe basis 1918 firstof Soviet Constitution, which followedwas by 1924, inFirstof Georgia constitutions four followingperiod were Sovietthe Constitutions. adopted During partof a memberstate, thetimeperiod of was USSR.Inthis the 1921-1991 Georgia and days http://www.nplg.gov.ge/dlibrary/collect/0001/000299/konstitucia%20kart.pdf 12 was this Constitution historical developments, of In consequence for aterm year. by was elected of one Parliament the Government the Constitution, the supreme executive branch was the Government of the Republic. The head of 1921 the Parliament. the Accordingindividually to to governmentwere responsible Parliament was authorized to monitor the executive branch and the members of the The 1921 Constitution of Georgia Constitution 1921 The de-facto never worked. 7 de-jure 12 in force for four CEU eTD Collection “[t]he starting point for any constitutional system is, necessarily, a political fact – a political – a fact a political necessarily, is, system constitutional any for point starting “[t]he all, of First process. legislative ordinary from differs Constitution new a drafting arule, As by are all nor deliberation, democratic procedures’.adopted very the that widely ‘not allinvolveof varies constitution-making process the and legislation. adds and legislation” ordinary with conflict ordinary of a incase precedence takes constitution (e) The enact than constitution the amend to difficult more is It (d) life. political of aspects fundamental most the regulates It (c) piecemeal. than rather document whole asa issome adopted as ‘thephrase. or is constitution’ (b) It to equivalent document referred modern characterizes making Jon Elster process, constitution and the deliberation While discussing having their own interests, play their role in this whole process. immediate political for drafting background anew Constitution and howdovarious agencies, an as serve to theory the in underlined are tendencies main what discuss will I Hereby, Societies – RebuildingtheShip at Sea. 14 13 ProcessMechanisms in theConstitution-making and Elster’s followingJon works, namely in on only terms these process of concept andismainly constitution-making the concentrated theoretical the cover is chaptermeantto this Consequently, politics. constitution-making andinfluence wayinterests particular ofvarious aspect: the actors the preferences my discussedin have Fordiscuss several terms. to in I research chosen process this one principles symbolic The constitution-makingand concept. politics can be researchedand its as well as terms in procedural interesting and is specific process This fields. scientific both of issues specific combines and itcovers since scientists political and lawyers both ‘Deliberation and Democracy’,ed.Jon Elster Cambridge University Press 1998,p.p. 97-98 since 1776 13 constitutions as a written set of laws, underlines its following features: “(a) The “(a) features: following its underlines laws, set of asawritten constitutions 8 Deliberation and Democracy, Forcesand andDemocracy, Deliberation and InstitutionalDesign inPost-Communist 14 CEU eTD Collection 3 (The Constitutionof Georgia total number of the members of the Parliament of Georgia on the revision of the Constitution shall be deemed to be adopted if it is supported by at least two thirds of the “Constitution-making. Principles, Process, Practice”, University of Toronto Press, 1981, p. 147); amendments to this Constitution – 1998, p. 321); Miroslaw Wyrzykowski, Institute of Public Affairs, Centerfor Constitutionalism and Legal Culture, Warsaw– These forpolitical situations constitution-making the bestarted. background to process of communism in 1989 wave is adoption of dozens of new constitutions in and wereadopted Greece when newPortugal, final The constitutions Spain. democratic in Eastern and Central Europe 1974-1978 between place andtook Europe Southern inthe regime the change to is connected after the fall Coast, Ghana, Nigeria and etc were adopted in between this time period. The next, sixth wave ConstitutionsFrench placeBritain and in1940-1960.Ivory took Great Pakistan, of andIndia, of politics colonial the to linked is constitution-making the of wave fifth The constitutions. with the same scenario, whenConstitutions in defeated Germany.defeated Logically the next wave was after the Second World War nations – Japan,Weimar Polandin andfamous andCzechoslovakia recreated imposed new constitutions Germany and Italy – adoptednew order War the world FirstWorld when the after wave occurred The thirdconstitutions. new andrevolutions European followed and byGerman, inItalian of other tens Europe was 1848 with began wave second The France. and Poland States, American other States, United in first of be constitutions 1780-1791 creating wave occurred making The observed. to waves constitution- seven been have there century eighteenth late since Elster Jon to According or amending a constitution, than changing an ordinary or other type of law. for making meant mechanisms more complicated areusually there Besides, body. legislative former membercountries as well. 17 16 p. 12 15 decision” Iwould rather add here, to this final wave, the constitutions adopted after the fall of the Soviet Union in the Edward McWhinney “Constitution-making. Principles, Process, Practice”, University of Toronto Press, 1981, The Constitution of the Republic of Poland, article 235, paragraph 1 (Constitution-making process ed. process 1 (Constitution-making paragraph 235, article Poland, of Republic of the Constitution The A bill to amend the Constitution may be submitted by … at least one fifth of the statutory number of 15 , while normally, drafting any other type of legal act is the normal routine of any The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose 17 . Identifying these andanalyzing givesseven waves author seven http://www.parliament.ge/files/68_1944_951190_CONSTIT_27_12.06.pdf Constitution of the United States of America, article V (Edward McWhinney V(Edward article ofAmerica, States United ofthe Constitution 9 – The Constitutionof Georgia, article 102, paragraph 16 The draft law Deputies ). CEU eTD Collection and the Soviet Union. countries, adopting constitutions between of period after 1989-1995, fallthe of If regime the we look at the historyand canbeobservedinpost-communist post-soviet after This regimethe tendency change. of constitutionalism,shortly or immediately is constitution-making the for timing general most the up, sum To among those reasons, independence”.of and national self-determination socialassertions in or successful agreatpolitical revolution… agreatwar… crises –victory resultantpublicbuild...is euphoria whenit during relatively political easy to andafter great immediatelyinmaking aperiod of or “occur[s] process publicandafter great excitement kind leading of emotional condition determining decisionsmade. and constitution- The All namedcircumstancesthe have onethingin common; they to are all related one orother constitution-making aresummarized andprovided by authors. For example: different number of different reasons,in and led with iseachof areprovoked them andprocesses every Of country specific course, but analyzing all the various examples, set of reasons for the p. 15 21 20 Difference and Legitimacy Relations BetweenConstituent Powerand the Constitution”, inM. Rosenfeld (ed.), 19 1996, p. p. 368-373 18 war in after reconstruction war, defeat collapse, regime fear of collapse, regime revolution, crisis, economic and are:social backgrounds political Edward McWhinney “Constitution-making. Principles, Process, Practice”, University of Toronto Press, 1981, Constitution making in Eastern Europe ed. A. E. Dick Howard, The Woodrow WilsonCenter Press, 1993, p.1 Edmund Burke in U. Preuss Jon Elster “Forces and Mechanisms in the“Constitutional Constitution-making Process”, Duke Law Review, Vol. 45, 1995- Powermaking for the New Polity: Some Deliberations on the changes in makingregime –tend totrigger constitution”. the of a fundamental upheaval, political war, civil revolution, – crisis “Great which disclose themselves only in along spaceof time” tempers, andmoral,and dispositions, habitudes social of civil, people, the occasions, circumstances, by thepeculiar are‘made “[C]onstitutions (Durham and London: Duke University Press, 1994), p. 143 10 21 and the creation of a new state. 19 20 Constitutionalism, Identity, 18 CEU eTD Collection 1996 p.p. 377-382 23 Vol.45, 1995-1996, p. 370 22 In underlines personal interest the every andgeneral Iwould isnot. saythat terms, which demarcationnotput the linealwaysis personalinterest isinfact among possibleto which the it examples in given Even specify. to difficult also but interesting, very and reasonable seems This mainhavingclassification of assumptions constitution-making influenceonthe process the roleinboth cases. increased role of its of on behalf reducing executive process inwhen participating the parliamentthe examplesof1921and1946 French Polish and mechanism. highlightingFor in interests institutional the constitution-making processhe voting for latter in the interests party large and one former in the interests clergy and nobility the for claims and example assemblies’ modern and French to refers author interests describe group To desired.they intheway articles concerning forminginfluenced on constitutions, whenformer toescape Communists desired prosecution criminal and the constitution-makingin interest personal of example As an examples. common most highlights he separately them process Jon Elster remembersinterest, namely personal interest, group interest and institutionalcreation interest. To describe each of of types different between of distinguishes them Bulgarian discussing and assumptions motivational and Romanian and led bymotivations are always framers a newConstitution of that claims Jon Elster Constitution. new a making of decision political ‘publicemotions emotionsbehind similaralso butand excitement’ the to passionsthe sort” some of circumstances exceptional in or a crisis wakeof the are written always almost isnew“[t]he constitutions fact that So, kinds of background.political causing the constitutional changes or the constitution-making process we can see different Jon Elster “Forces and Mechanisms in the Constitution-making Process”, Duke Law Review, Vol. 45, 1995- Review, Law Duke Process”, Constitution-making in the Mechanisms and “Forces Jon Elster in Russel Peter 22 but what is interesting for me here is not only 11 23 CEU eTD Collection the fallthe of Union Sovietthe firstthe Constitution till howof –1995todemonstrate Georgia The fourth The fourth chapter Chapter 3: The Transition Period highlight similarities the and beingfor anomalies oneparticular significant country. and following chapters inseveral case Georgian the about talk aboveIwill overviewed and discussed process constitution-making the of andcharacteristics general the assumptions for to According used this particular research. framework of This is theoretical summary the my aim is to identify the role of agencies or in other words interests’ portion in this process. evengroup or institutional interests, tohave influence onthe andconstitution-making process ConstitutionGeorgian ofconstitution-making Georgia.find ifout in interests general, or institution personal, group- interestshave influence on politicsthe andI to but them, howalsobetween aredifferences slight the find they to try and interests of reflected types consider several between in differentspecify to not is me for here point articles main the but endlessly, different continue can discussion of ofkind the agencies, makingand interests. commission, influenced votes This decides byinstitutional group or combining constitution- the or in assembly the parliament the representing of people, group concrete various the Bulgarianindividuals asagroup; or or as constitution-making wereacting process or personal, Romanian in the participating Communists the former whether distinguish to is hard it terms action and itcan befound orinstitution, behindany group buteven if these we generalize Transition the periodbefore 1995 Constitution 12 will cover the period after period will the cover CEU eTD Collection 26 Soviet Union”, Ashgate 2005, p. 41 25 Georgia, 1995. amendment (maybe evenchanging the model of government) but it will still be named as Constitutionof and it might happenthat the consequence of constitutional commissionworking today will offernew package of 24 discourse”. nationalist in theme arecurrent became Georgian henceforth people died.”9April inmoment 1989 was adefining history the modern of and Georgia Tens of by army demonstrators. werefollowed Russian Georgia.raiding Thedemonstrations place independenceinrestore took in peaceful todemonstrations In spring 1989, order on. is concentrated research the Constitution the of adoption the before immediately situation political the highlight will and governed was state the agreement on agreementjoiningon Union. Soviet theActof the So, Independence of of Georgia 1918 and of Georgia andits governmentin 1918-1921 never signedany act of capitulation or 1921 constitution the as supreme law whileof is init state, the stated as act,thethe Republic of Georgia is based on the Act of Independence Act in April of State butof Restoration restored Georgia.declared1991 The9 Independence of Georgia of not was 1918 independence fact is that the theGeorgian transition about isWhat significant and refers to the first - With a 98,9%approval independence of the Republic wasrestored. of the Georgia of of withActof May 26, 1918?’ Georgia Declaration accordance of the Independence referendum you was ‘Dorestoration the support in independence of Georgia the of the autonomousindependence andin 1991 areferendum held was on wholethe territory includingof Georgia, entities,restore streamingnational were to forces but Union, of state Soviet of government a member Abkhazia stillthe was nominally Thenew state. the government becameHeadof Gamsakhurdia Zviad and Tskhinvali forces’, elections inGeorgia bythe‘national of Georgia. werewon parties pro-independence regionsimpulse for Georgian the society finallyto independence.restore In first1990 multi-party as well. The question of the Jonathan Wheatley “Georgia from National Awakening to Rose Revolution. Delayed Transition in the Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan Inspite of most important amendments made to the GeorgianConstitution the whole text was neverchanged http://www.geotimes.ge/index.php?m=home&newsid=21084 13 24 25 This was a great 26 CEU eTD Collection http://www.harrimaninstitute.org/MEDIA/01396.pdf 29 Soviet Union”, Ashgate 2005, p. 54 28 http://www.parliament.ge/index.php?lang_id=GEO&sec_id=776 27 president”. make him… persuade Parliament to managed hands. to 1990he own In December Gamsakhurdia’s first priorities was to try to concentrate as much power as possible in his But“One an independentInstitutionallystrong Head of hewasnot and State. the of Parliament. beforethe wasaccountable andtherefore from Parliament elected the 1921ConstitutionAccording the to Headof asthe Gamsakhurdia, Governmentthe was tobe the other. Georgia on on illegitimate regime and Soviet declaring the statehood Georgian of the continuity the underlining legatee of FirstRepublicthe had of which Georgia, thesymbolic aim on one hand– 1921 the havelegal force.Constitution governed by firstwas forcedGeorgia. The leave president into was thecountry January The state 1992. the Military of in thecapital War Tbilisi socalled the war, civil the conflict, armed the which was Concil composed of having Tengiz Sigua support opposed Prime the MinisterPresident,the the consequence of of Guard and The National stronger. was getting ex- Prime-Minister of Georgia. government Sigua,Ossetia by the ex-Ministerregional government independence declaration the of Ossetiaso called after Region) (Tskhinvali of South South and abolition of conditionof of grave social andthe political crisis. The first signregion’s of a big crisis was the war over the autonomous the entered Georgia independence and declaring Union Soviet of the After collapse the status by the Jonathan Wheatley “Georgia from National Awakening to Rose Revolution. Delayed Transition in the Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan Act of Restorationof State Independence of Georgia, April 9, 1991 http://www.globalsecurity.org/military/world/war/south-ossetia-3.htm 28 In 1991 Zviad Gamsakhurdia was elected as the first president of the country. 29 The same in maturing situation Abkhaziaandtheopposition was 27 This Georgiaway independent itself asthe declared 14 Mkhedrioni - and armed forces of the country, CEU eTD Collection (president, parliament) and balance between them. between balance and parliament) (president, institutions separate of particular role analyze the of text and 1995Constitution the Soviet Union”, Ashgate 2005, p. 67 31 30 in this, 4 the For this Constitution. to according Georgia received particular political the of outcomes direct events.consider I articles the on focus will I I willSpecifically, problems. also different draw the picture of what kind of governmental commission working onanew constitutional framework for country the suffering from system chapter In this Chapter 4: Constitution The 1995 events. political concrete reflect view my in which Constitution of the andprinciples andarticles country in the background political concrete the describing on concentrate I will tendencies constitution-making the of overview and theoretical After shorthistorical the years. place inthecoming take would process constitution-making This is a summary of the transitional Georgia.back to context against Kitovani Defense and the leaderof which the dynamics of the Georgian Jonathan Wheatley “Georgia from National Awakening to Rose Revolution. Delayed Transition in the Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan http://www.tavisupleba.org/content/article/1561046.html Eduard Shevardnadze. Eduard tactician master by the claimed was victory endthe In defeat. or victory moves of eachplayers. Like in any game of chess, thereplayer were key moments in which the game inwhich outcomethe onthe depended skills andstrategies of the would proveApril, moremulti-player period 1992-95 resemblesakindof the chess decisive in9 by motion tragedy of hadthe beenset that a predetermined sequence and Unlike conform seemed theperiodlesseventually 1989-91,when events more to or to lead to either 30 I will broadly broadly I will discuss politicalthe pressuring situation the constitution 31 Mkhedrioni 15 Ioseliani, who invitedIoseliani, EduardShevardnadze who th chapter I will use the first the use will I chapter CEU eTD Collection Parliament adopted the new Constitution, Georgia was established as a US-type presidential aUS-type was established as Georgia newthe Constitution, adopted Parliament by using hisall andinfluence power in but endthe it hecompromise had seemed to and by parliament. the was adopted accepted with the majority of two voices to the parliamentary model draft, but neither of them constitutional Russianthe adopted commission model of This draft Constitution. the was beto prepared,mobilizedmembers commissionthe meeting allsupporting at andthe http://internet.ge/index.php?action=news&category=3&news=54183 33 characteristics of boththe parliamentary and the presidential models. 32 model’ semi-presidential model. Constitutional The Commission agreed uponsocalled ‘Chicago main drafts two accordingly and form werearrangement state the about was presentcommission in the disagreement – establishing Georgia Themain adopted. Constitution the was 1995,when thesummer continued till process as the a model parliamentary another or one on agree not could they because and projects different on working republic or the This French,commission was headed by Shevardnadzehimself. Commission Eduard was The In spring 1993the Constitutionaldraft began Commission a newto for Constitution Georgia. in ruins. Abkhazia and Tbilisi war) the country has lost big parts of its territory, also the economy was The political situation was getting worse. After three civil wars (war over South Ossetia, over period. transition of the Military Affairs Foreign in InMarch theinvitation Union of 1985-1991. Soviet the 1992 heaccepted Council of in Minister 1972-1985and of First Secretary Georgia Shevardnadze wasformer Eduard and returned to his homeland as the Head of State during the Interview with deputy head of constitutional commission Vakhtang Khmaladze The name used among the Constitutional Commission(1993-1995) members for draft the combining the 32 , but it was refused by Shevardnadze himself. The Head of State anew ordered draft Headof , butithimself.State The was refused by Shevardnadze 33 Shevardnadze was trying to gain supporters ingain trying Parliament supporters Shevardnadze was to 16 CEU eTD Collection of the government are responsible to the President (article 79, paragraph 1) a member of the member(article of 1) a 79,paragraph President the to are responsibleof governmentthe determined by the law Parliament is authorized to dismiss the President (article 76). Members in cases but immunity, as personal of enjoys President73, paragraph Georgia 3). The 1, sentence e). The Presidentis authorized toabolish acts of the state executive bodies (article paragraph 73, (article parliament budgetthe to state of the project the submits sentence d), 1, perform their official duties until the composition of newa government (article 73, paragraph of ministers officialsor other asdetermined by law,the is torequireentitled the ministers to resignation the accepts removeministers1, sentencec), paragraph (article entitled the to73, is b), sentence paragraph 1, (articleministers 73, – government the themembersof appoints governmentthe (article 69,paragraph1).Heorshe upon approval the parliamentthe of as head sheiswell state as of of the of 1)Heor Georgia ahead 70,paragraph years (article basisthe elected on for suffrageballot a by five of universal, direct equal,term secret and of In the text of the 1995 Constitution of Georgia we read that the President ofpresidential system,Georgia namely: is for a criteria threedefining outlines G.Sartori Engineering’ Constitutional ‘Comparative his system. In asapresidential declared 1995Constitutionthe According was Georgia to Houndmills: MacmillanPress 1994, p.p. 83-84 36 Soviet Union”, Ashgate 2005, p. 94 35 Georgia and is completed by the President, by choosing and assigning different Ministers. 34 could alwayshold Cabinet he as responsibilities no with but branch executive the of head as president the with republic G. Sartori “Comparative Constitutional Engineering. An Inquiry into Structures, Incentives Outcomes”, and Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan The author uses the name ‘Cabinet’ for organthe which is named as ‘Government’ in the Constitutionof down…president directs directs executive the down…president ‘dual lineauthority’… of authority is neatly streamlined from presidentthe members… forcabinet not allow system any purepresidential does of kind isspan… it the discretionallypresident that ordischargesappoints the fixed a time for of head state the of election popular direct-like or direct 34 responsible for his own mistakes. own his for responsible 36 17 35 CEU eTD Collection Soviet Union”, Ashgate 2005, p. 225 39 38 http://www.parliament.ge/index.php?lang_id=GEO&sec_id=69&kan_det=det&kan_id=23 37 emerged”. that document final in the role decisive a …played players main all of calculations “The Constitution was born out of branches government. two the of and co-existence of a political deal ‘mutual led of which party Parliamentthe was composed to Shevardnadze’s understanding’ in which the subjective in majority By time the in that of whichGeorgia. history hasnevereven begun the procedure preferences and impeachment accountable heractions his Presidentkeep the for complicated wasthe or to mechanism only The president. the to only responsible person a be would which of head Chancellery, the in State the wasconcentrated process main decision-making Ministers. The dividinghis powerwith butwas head Parliament of governmentand the could the discharge was wherethe President state, as apresidential established Georgia wasundoubtedly So, in 1). President impeachment (article with 63,paragraph procedure the accordance number of the members (articleof 48) andin the cases determinedby parliamentthe Constitution notless than one third of the total are entitled responsibilitieswhich exercises legislative bytheConstitution powerandother determined to state the of raisebody representative supreme is the the Georgia of parliament the hand question other the On of dismissal of the duties on instructionthe of Presidentthe (articleparagraph 3). 81, government is the State Minister, who leads the state chancellery and accomplishes other Jonathan Wheatley “Georgia from National Awakening to Rose Revolution. Delayed Transition in the Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan Constitutionof Georgia translation) (informal of Georgia Constitution 39 http://www.parliament.ge/files/68_1944_951190_CONSTIT_27_12.06.pdf 18 37 38 CEU eTD Collection until until 2003. interests diverse various balance and situation the still control could Shevardnadze events country the ‘reformists’ During dividedinto groupings. critical was and ‘conservative’ these of of Leading -Zhvania’s Parliament,the butwith of party support the ex-chairperson team. head asthe waselected Burjanadze figure –Nino time aneutral by Meanwhile, that Zhvania. Zurab Parliament the by headof the followed Saakashvili, Mikheil of of Georgia Justice governmentand theparty butat one point they began stepdown. Firstyoungto was Minister politicians,holdingso called differentpositionsin were ‘reformers’. Thesepeople the Citizens’ UnionofGeorgia By of end the force2001 theof ruling fall began Georgia In intoparts. to rulingthe party parliament). the in ruling headof the (president, positions and newly state the headof added prime-minister main and have three in thewayto system governmental Georgian the of rearrangement the hascaused ‘RoseRevolution’ of the main actors andGeorgian authors the face’of ‘triple the If people. three between power dividing of necessity contemporary and revolution Georgian and creating prime-ministerswhether model changinggovernmental from presidential tosemi-presidential republic one post in Georgia was interests political issues.main or might The question this be chapter of named question caused the by the number of personal particular of consequence see as I articles amended ‘authors’ andthe amendments the of the amendments totheGeorgian Constitution in sixth Revolution’so socalledchapter the 2004 after the ‘Rose in Georgia of Constitution made the to were concerning governance amendments The main -Changeofthegovernmentalsystem Georgian Constitution Chapter 5: The ‘Rose Revolution’ and Vital Amendments to the a new grouping was to bea new wasto observed.grouping of young This a group was I will discuss the revolutionary situation prior to prior situation revolutionary the discuss will I 19 Rose revolution andvital CEU eTD Collection and as soon aspossible. and assoon of distribution bepolitical of upon? powerwould answered they agree question The was to leadingwhothe forces of andthemainfigures Georgian butwhatkind revolution the were, Legitimacy Constituent Power and Constitution”,the M. Rosenfeld in (ed.), 41 Soviet Union”, Ashgate 2005,p. p. 171-185 40 political newdistribution the power” of endeavor… forcesrevolution of the leading ambivalent…the extremely is constitution and revolution between “[R]elationship Shevardnadze declared hisresignation. Shevardnadze whichEduard washeldafter and triple revolutionary the between meeting aclosed evening same the Late Burjanadze. Nino to loyaity their declared forces Armed state. the of head the as herself declared hand hisof other the emergency. on state Burjanadze to returned the residence and declared Nino in. toleavewas forced He building. the President The burst led byMikheil Saakashvili was beginning hisspeech toopen newthe opposition number Parliament, with of supporters, buildingthe of Parliamentthe was increasing. Novemberwhen On 23,2003, Shevardnadze official results of the elections proved this. The crowd in the streets of the capital, in front ofwouldfalsify count. Opposition vote the began tomobilize On theirsupporters. 20 November authorities governmental the that obvious was It negatively. evaluated were elections The lead– lead by and alliance ‘Burjanadze-Democrats’ by andZhvania. Saakashvili Burjanadze –National of movements twoopposingMovement participatingShevardnadze’s party as was On November 2,2003parliamentary heldinelections were whichformer ‘reformists’ camp U. Preuss “Constitutional Powermaking for New the Polity:Some Deliberations on the Relations Between Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan MIkeil Saakashvili, in the forthcoming presidential elections… Presidential elections… presidential forthcoming in the Saakashvili, MIkeil asingle candidate, support hadagreedto bloc’Burjanadze-Democrats’ the and Movement National the that announced Burjanadze of theleaders amongst the be distributed to postswere top the how clear became soon it and ministers trusted most his of by those followed was resignation formerShevardnadze’s Revolution’, ‘Rose the after immediately days the In opposition. On 26 November, acting President Nino (Durham and London: Duke University Press, 1994), p. 144 20 Constitutionalism, Identity, Difference and 41 . It was clear . It 40 CEU eTD Collection through Law (Venice Commission) 45 ‘Constitutionalism and Democracy Transitions in the Contemporary OxfordWorld’, University Press,1993, p.9 44 43 Soviet Union”, Ashgate 2005,p. p. 193-194 42 realised”. fully been not has intention this However, bewelcomed. only can and practice usual the European to closer Georgia brings intention This model. French the with accordance in system asemi-presidential by Constitution present the of system presidential purely present the replacing government, of system the change is to amendments the of aim “The for. fighting were they which government democratic achieve the their aim to declared forces aswell revolutionary The Georgian only if it succeeds and transforms intorevolutionaries founders”. alegalright becomes “[r]evolution the while one, democratic a newandmore into system governmental existing transform the amendments wasto for proposed The reason declared as possible”. assoon changes pass constitutional to necessary the legislators heurged as president, February, already should be amended as to allow a complete overhaul of the entire system of governance. On 5 “As early 29January as 2004, Mikheil arguedthattheGeorgianSaakashvili constitution for theusurpation of presidential the Shevardnadze power. continuously criticized responsibilities and notaccountable tothe others, especially when ‘the young reformers’ have figure factonly of the one agree with become that would with the them not could revolution of itbecomewas obvious authors the butthatthe Mikheil thePresident, to Saakashvili main of leader theyoung revolutionsteppedbackSo, thetwo gavetheroom actors and to Opinion on the Draft Amendments to the Constitution of Georgia, European Commission for Democracy for Commission European of Georgia, Constitution the to Amendments Draft the on Opinion Walter F. Murphy ‘Constitutions, Constitutionalism, and Democracy’, ed. Douglas Greenberg and others Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan No Country for Old Men vote. of 96.24 percentelectionsheld won were 4January.the Saakashvili on 42 http://www.esiweb.org/index.php?lang=en&id=322&debate_ID=3&slide_ID=12 43 http://www.venice.coe.int/docs/2004/CDL-AD(2004)008-e.asp 21 45 44 CEU eTD Collection president, the head of state, and a prime minister that heads government. the that andminister aprime headof the state, president, a between a structure, configuration two-headed prime last–adualauthority andthe minister mustbasedsystem the presidential is the powersharingprinciple, a besharedwith on power Houndmills: MacmillanPress 1994, p.p. 121-122 47 46 is that minimum,a apresident first at- apopular are asfollows: president or, Thesecharacteristics ‘mixed elected solution’. of kind this of characteristics main emphasizes Sartori G. model semi-presidential Defining model seemed thesemi-presidential be the inwould remedy this case. It independently. play yet not could they But power. the grab to trying separately were not ‘one team’fightingfor holy the goal any Saakashvili,more. Zhvania and Burjanadze whichrule be to would independentwas givethem andto enough power It of one another. model the All bewere supporting seen. of them clearly three was to The will ‘thethree’ of parliament”. model,the dissolvesupports willenable theinefficient executive authorities ‘to the which he 28 that said onJanuary Zhvania also Minister Zurab State “weak Parliament”… of speaker be a not will she that 22 January on said Chairperson Parliamentary the Burjanadze, goingbeno whohasfunctions”,not a January Saakashvili said to President, on 29…Nino The question was still in force and none of them was going to limit his or her among thethree forces thegainedpower divide of revolutionary them? power. ““I am But whatwere thehiddenintensions would behind declared and How the aims goals? the G. Sartori “Comparative Constitutional Engineering. AnInquiry into Structures, Incentives Outcomes”,and http://civil.ge/eng/article.php?id=6140&search=Saakashvili 46 not elected in and by parliament, second – as this type of 22 47 CEU eTD Collection through Law (Venice Commission) 48 the Parliament he or she shallnon-confidence government tothe andin caseagainif this not agreewith Presidentdoes the dissolve the ParliamentThe Parliament (articleis declare entitled 2and Parliament. 80paragraphs dissolve 5). the to (article 81, paragraphwhich appoints the ministers with the1). contest of President and in such caseThe the President shall vote, Prime confidence the without Minister Prime the appoint to is entitled President the a row, of gain governmental timesthree in confidence from Parliamentthe vote cannot the program Parliament for the vote of confidence. In case if the composition the to of a new governmentgovernment the of or a composition new the submit shall President the government new the of appointing 7).In case members’ 79,paragraph authority (article of other the termination and responsibility collective the causes authority her or his of termination the or members government. of the (article 79,paragraph5).Theresignation Primethe of Minister appointisother 1).The Prime entitled paragraph to and(article78, Minister Parliament the with theappointment of The government. the is government responsible thePresident before connected arealways be dissolved can theParliament why and Reasons when o). sentence 1, 73,paragraph as well (article Parliament can the dissolve The President sentence c). 1, 73,paragraph Security (article of State Minister the Defense, of Minister the Affairs, Internal Presidentis entitled dismissto the government so or called ‘force ministers’ – the Minister of isbefore both responsible (article President and the Parliamentthe 2). 79,paragraph by appointed (articles 1and 79,paragraph President the 73,paragraph 1,sentence b),which is Prime (articleof Minister, the government the head paragraph 1) the of 69, state the According to the amendments to the Constitution of Georgia in 2004 the President is the head parliament. dissolving of means by Parliament and Government the between conflict a of case in arbitrate to President the for possibility the and Government, and President executive, adouble with system a parliamentary in fact is system semi-presidential The Opinion on the Draft Amendments to the Constitution of Georgia, European Commission for Democracy for Commission European of Georgia, Constitution the to Amendments Draft the on Opinion http://www.venice.coe.int/docs/2004/CDL-AD(2004)008-e.asp 23 48 CEU eTD Collection of Government”. of composition much the sayas to has too Parliament other occasions on affairs, governmental in interfere or Parliament the of will expressed clearly the may ignore President the seem amendments doesnotOn by fully established proposed some occasions the coherent. system The President. strong very a keep to desire a and Government, the of powers the them adopting before shortly amendments abovementioned the draft of the about expressed Commission) According to the opinion of European Commission for Democracy through Law (Venice the President, the Head of Parliamentthe andthe PrimeMinister. distinguish which post is more important and how the rulingto power is really is difficult distributed It among complicated. quite look itself system the and amendments proposed The sentence r). 1, paragraph 73, (article Parliament to the thegovernment of composition the re-submitcircumstances special the month after a andministers within for appointing other hercontest give hisor and Minister Prime the appoint to is entitled President the government the to of confidence 50 http://www.parliament.ge/index.php?lang_id=GEO&sec_id=69&kan_det=det&kan_id=1217 49 President’s term (article 51 the of month six last and elections parliamentary the after months six first the within held, is impeachment of procedure when the of state emergency, the are:during circumstances be dissolved. cannot four These There areonly caseswhenthe Parliament paragraph 4). 81, (article Parliament the dissolve or government the dismiss shall President the time, same the at draft the and government the to confidence declare not does Parliament the case in and laws on several draft thegovernment of confidence question of put the to is entitled Minister The Law on Amending the Constitution of Georgia February 6, 2004 http://www.venice.coe.int/docs/2004/CDL(2004)004-e.asp “the drafters seem torn between the main aim of the amendments, to increase to main aimof amendments, the between the seem torn drafters “the 50 49 1 ) in these cases and when the Parliament does not declare the vote 24 CEU eTD Collection Soviet Union”, Ashgate 2005, p. 194 52 51 Parliament. the and government of interaction the especially criticized, heavily were The amendments must resign following these elections as provided in the new Article 80.1. If there isaconflict If there 80.1. newArticle in the as provided elections these following resign must the GovernmentParliament, dissolve does he If so. do to obliged being without Parliament may dissolve case this in remainmay President the contrast, inBy President. office the of discretion the to left be cannot to Government the deal with day-to-day of resignation the Government, in the confidence of lack its expresses if Parliament that, means matters this Parliament: to is responsible Government until the system semi-presidential a In theParliament: elections and the dissolve to President the of power the of determination wasthe main problem The adoption. its to had, prior draft the problems on the indicating aswell was Commission The Venice interests”. state of expense atthe interests amendments as undemocratic and slammed the new leaders for pushing private and party the “criticized and camp leftrevolutionary the leaders political and supporters of Number heard. less was critique the and covering revolutionary inthe wrapped still were country inthe processes ongoing but the These events were evaluated and named by differentpolitical forces as ‘raping the Constitution’, Jonathan Wheatley “Georgia from National Awakening to Rose Revolution. Delayed Transition in the Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan No Country for Old Men the president, nottheprimeminister. president, the to subordinate made directly anddefence) were (interior ministries" "power so-called The government. his retain and legislature the dissolve could President the avote confidence, of noadopted Parliament cases wherethe could impose still his ministerprime hisbudget by and decree). Evenin risking president budget Parliament'swithoutthe dissolution the (whereby neithercould majorities parliamentary even on, now From curtailed. seriously was reject– wastoberight appointedThe powerof by parliament president.the the theUnder the president'snew system, the prime-minister – a newly created post in its own choice of prime minister nor his proposed http://www.esiweb.org/index.php?lang=en&id=322&debate_ID=3&slide_ID=12 52 51 25 CEU eTD Collection Soviet Union”, Ashgate 2005, p. 194 57 Legitimacy Constituent Power and the Constitution”, in M.Rosenfeld (ed.), 56 through Law (Venice Commission) 55 54 through Law (Venice Commission) 53 system”. presidential hadasuper- inMarch2004,Georgia arrived elections time renewed parliamentary By debate. no approved them almost “[p]arliamentthe with critiqueDespite the remarks and 80.6). newArt. in the for provided (as times the French Constitution),the President and not an obligation. He may exerciseof or thisa right rightis according if this tohis discretion Parliament; the (as in dissolve may GovernmentPresident the Parliament, and Government between fails to get the confidence of Parliament three individuals: Saakashvili, Zhvania andBurjanadze”. individuals: Saakashvili, criticism…“[t]hese provoked amendments for apparently fortailoring the Constitution three elites” revolutionary of rule permanent the guarantees which a“device as use revolution to parties forces willing into revolutionary of transformation names the Preuss U. modern revolutions for all feature As atypical isdraft passed. not or cabinet favored her or his in case Parliament the dissolve to instruments the all has hand controlling the main force of President” the for his powers stronger cabinet – the so called ‘power but“[t]he Amendmentsproposed really donot correspond tothis model butoften retain ministers’ and on the other Jonathan Wheatley “Georgia from National Awakening to Rose Revolution. Delayed Transition in the Former the in Transition Delayed Revolution. Rose to Awakening National from “Georgia Wheatley Jonathan U. Preuss “Constitutional Powermaking forthe New Polity: Some Deliberations on theDemocracy Relationsfor BetweenCommission European of Georgia, Constitution the to Amendments Draft the on Opinion Democracy for Commission European of Georgia, Constitution the to Amendments Draft the on Opinion No Country for Old Men (Durham and London: Duke University Press, 1994), p. 145 54 Officially the new model was declared as the semi-presidential one, http://www.esiweb.org/index.php?lang=en&id=322&debate_ID=3&slide_ID=12 http://www.venice.coe.int/docs/2004/CDL-AD(2004)008-e.asp http://www.venice.coe.int/docs/2004/CDL-AD(2004)008-e.asp 55 who appoints the Prime Minister on one hand while 56 53 andithappenedin thecaseaswell Georgian 26 57 Constitutionalism, Identity, Difference and All three actors were declaring their declaring were actors three All CEU eTD Collection 59 58 In followingthe chapter Work andIts Commission Chapter 6: ofAssigning After waroraftercrisis?Causes Constitutional be –even was to power of centre more absolute the sothan under Shevardnadze”. office thepresidential Georgia befinally Saakashvili's but “[i]n thepowerful leader, to will observed in the particular field of field interest. in my of observed particular the current nature the does how And authority? of constitution-making/creating the is who thisconstitutionalism: authorityterms of state policy in thisfiled and could answer one of main in questions relate to and in in could be opinion itself charge theiron discussed acts authorities behalf it while of the level Commission Constitutional of National draft me the seems here to main issue butthe expect, of democracythe main differences between the drafts I will receivein the whole picture which amendments to the countrythe offer Comparing adoption amendments. inof wemay these after probable picture to Georgia observe commission) constitutional public andalternative or NGOs from tendenciescommission the on official web-page of national constitutional commission given documents official the analyze will I drafts and amendments current the For Georgia. of Constitution the to amendments new on working commission constitutional assigning Georgia andmainblocked streets for 100days, considering abovementioned asmain causeof 2008 and ended crisisinwith political 2009with of thousands of people inthestreets onpoliticalincreased takingfrom concentrate in warin place disorder 2007 the after Georgia http://constcommis.gov.ge/?&lng=eng&lng=eng&lng=geo No Country for Old Men http://www.esiweb.org/index.php?lang=en&id=322&debate_ID=3&slide_ID=12 Causes assigningof constitutionalcommission and its work 27 59 (including appliedto drafts the 58 I will CEU eTD Collection stopped broadcasting on Wednesday, after riot police entered itspolice premises” entered riot Wednesday, after broadcasting on stopped broadcasting” managed describenews anchors to the raidto viewers in minutes of final the members to the floor and pointed guns at their heads. staff They andother journalists Theyforced studios. Imeditelevision the entered weapons forced Imedi off the air, after hundreds evening,that machinearmed of special forces troops with guns and other same day these events were followed by police entering private TV station “Imedi” “ http://www.hrw.org/en/news/2007/12/17/georgia-government-used-excessive-force-protesters 63 62 http://www.hrw.org/en/news/2007/12/17/georgia-government-used-excessive-force-protesters 61 60 would beaparallel ask referendum publicthe to whether they would prefer subsequent frommoving hiselections, vote nextautumnJanuary In addition 5, 2008. to he said there presidential early schedule hewould Heannounced his opponents. political to concession solution critical from and“Saakashviliand outcome situation appearedtooffer a created insist foron accountability November7events.” the and record rights human shaky its on Georgia confront to EU and US the for time high - organizations international as well as media international by discussed widely were batonsgas and tobreakupopposition outside parliament”protests tear cannon, had water used Tbilisi…police in central upopposition protests police broke protestof permanent Georgian the used force against andgovernment demonstrators “riot protesting people, asking for parliamentary elections. On 7 50 than more mobilized opposition Tbilisi country, the of 000 capital In the Georgia. beganyears infour the after ‘Rose Revolution’. November was hotpolitically in 2007 in in Georgia government the against movements significant most and critical real first The Article “Georgia underState of Emergency”, 2007, 17, December Protesters”, on Force Excessive Used Government “Georgia: Article “Georgia underState of Emergency”, Holly Cartner, Europe and Central Asia director Human at Rights Watch, 61 and later Prime-minister declaring state of emergency. “Imedi TV… “Imedi emergency. of state declaring Prime-minister later and http://news.bbc.co.uk/2/hi/europe/7083911.stm http://news.bbc.co.uk/2/hi/europe/7083911.stm 28 63 The President had to find the th of November, on the fifth day 60 . In the evening of the 62 . These events These . Later “It’s CEU eTD Collection http://www.rferl.org/content/article/1079100.html 64 lesson use they November againstof armednot 2007,so would forces andpolice riots the hadthe theSaakashvili.The government They President of supporters. resignation demanded The symbolic for thepreparation criticalphase. the springopposition In 2009 the Georgian declared early date April 9 was chosen. Abkhazia of independence Ossetia. andSouth Oppositionbeen involved in themselves.conflicts Inlate August 2008 Russia officially recognized the mobilizednever have which borders, administrative Tskhinvalian and Abkhazian beyond villages tens neighboring – ofzones’ ‘buffer called so in but thousands conflict of zones in the only not capital of theirfrom the received 26 in 40kilometers dislocated forces armed Russian refugees, 000 lost more than hundreds ‘5daywar’ Georgia into Inthis and Georgia. warbetween the Russia since 1990-sburst of Georgian villages,matured Ossetia, South inRegion, socalled Tskhinvali 2008criticalsituation In August almost up to 20% of the wholethe so called ‘frozen conflicts’ began territory,to melt but not in a way Georgia would favor. messagehisAnd,inwell as of President fact, campaigns Saakashvili’s as speeches. public But the most vital was the problem with Georgia’s territorial integrity, which was the main were recognized asvalid by international community. the elections capital country andits butboth elections, protesting the - Tbilisi especially were enoughseats majority for competent for amending the Constitution. of Citizens the gathered Movement National the elections in parliamentary the fact that isthe elections these about significant most The Movement. National his and Saakashvili MIkheil by Both presidential elections in andJanuary the parliamentary one inMay 2008 werewon demanded”. parliamentary bepolls held to infall scheduledas orspringyear, had next asprotesters Claire Bigg and Daisy SIndelar “Georgia: After Crackdown on Protests, President Calls Early Polls” 64 29 CEU eTD Collection 65 composition of the Commission was questioned as well, while the opposition initially refused by it evenwas declared).The plebiscite ifitwill besupported (as be for any adopted, to draft PresidentSaakashvili’s presidency not.Also,or there seemsnot tobe any of kind guarantee room for doubts of Deadline government. the for adoption determined,of isnot amendments the which gives whetherbranches different of interaction balanced requiring obligations international the and followed this constitutionalit crisis political –the Commission the creating of reasons the emphasize would which part amendments has nodescriptive order First of work all of problematic.the seemed future Commission the willCommission be adopted creatingOn June Saakashvili issued order 8, 2009President an Constitutional the National till the end of of Georgia. Constitution the amending working on commission create the to Saakashvili parties. The main consequence the between of dialogue necessity wasinsistingthe on community international Meanwhile of this dialogue wason. This tactic gainedthe its fruit. Less and less people were proposalturning out in the streets. and promisefunctioningwere not but governmentthe properly,was asifnothingpretending wasgoing of President months, 100days. main Two avenuesof capital the were blocked, administrative institutions working in buildings the of various Ministries. Thecontinuedprotest more for than three Governmentand Parliament the ofthis to answer In Georgiacountry. the of buildings administrative main began to gather in differentbloc entrances tried to of protesters but frontbuilding Parliament of inthe Georgia, of the of cities, parliamentaryprotesters. The government chose a role ‘not to pay attention’. Main stream of the protest was committees were http://constcommis.gov.ge/index.php?do=resource/view&id=5&lng=geo 65 and determining the composition of the Commission. The act itself and the 30 CEU eTD Collection 68 http://constcommis.gov.ge/uploads/files/daskvna%20babeki.pdf 67 http://www.icgs.ge/saxelmcifo-sakonstitucio-komisia.html 66 prevail’. model parliamentary of elements where model, presidential The firsti.e. draft draft Demerashvili a‘hybrid’ offers model isof which governance a‘semi- Commission, Iwill give an overview of each draft proposed. After analyzing political immediate the before assigningsituation theNational Constitutional well working on a new draft. is At samethe thirdas the Georgia publiccommission time thealternative proposed draft. had begun, one of the drafts the about main debates before the membersgovernment. Unexpectedly, of current the supporter of the Commissionsecondis draft proposed by NGO the ‘Liberty known Institute’, as an ideological base and - official of the The Demetrashvili. Avtandil by Commission – constitutionalist the Headof authored the Ministry of Justice ofCommission summarizedand mainchapters drafts. of theFirst Constitution. workingThe is variousnine into groups, Commission on divided working articles different of which is the After draft the of longthe Commissionanditproperly”. hard work commenting itself,without thearguments their dismiss – to NationalGovernment the or Parliament the matters Constitutionalno – country the of forces other by manipulated be not should Commission Constitutional “National Wolfgang Babeck’sconclusion: in is indicated The sameProfessor threat tangible. was quite Commission controlled or unbalanced of threat the and Commission of work in the participate to executive. Head of the Government is the Prime Minister. The Government is the supreme The Government is Minister. the Prime Headof Government the executive. the from is distanced President the and Parliament the by isformed Government the http://www.tavisupleba.org/content/article/2038596.html Babeck Wolfgang of Professor Conclusion The Tengiz Pkhaladze “The National Constitutional Commission –outcome from the crisis, or…?” 67 66 31 68 According tothis draft CEU eTD Collection 71 http://constcommis.gov.ge/uploads/files/daskvna%20babeki.pdf 70 69 vertical. and Major and isstrictly the Governor the President, the by is represented branch executive The Parliament. two-chamber the with In model this is President the a Thelegislativeunanimous, governor. branch is represented on an U.S. model and according to which Georgia should become a federal, presidential state. based Constitution, new a of a draft but Georgia of Constitution existing the to changes and a draft of amendments not represented byLevan Ramishvili, offered The ‘Liberty Institute’, confidence. declarenon-dissolveimpeachment,to Parliament, procedure shouldothers be: the rightto among instruments These government. the of branches different among balance the ensure to inorder indetails instruments constitutional some discuss isto Commission National Babeck, who submittedThis was draft by evaluated Constitutionalistthe of Professor HumboldtUniversity Wolfgang his conclusion Constitution.to the Commission.in prescribed the procedure the according government to the non-confidenceto confidence or Main of vote recommendation declaring of mechanism the left has Parliament The officials. state other or President for the Government. Parliamenthadbegin impeachment the right of to procedure the the against the dismiss or Parliament the dissolve to is entitled President the arises Government the and Parliament between the when aconflict crisis, Incasesof acts. legal for these responsible becomes Government andthe Minister by Prime the shouldbe countersigned by President the issued Anylegal act Parliament. before the is accountable of branch and executive the organ The Conclusion of Professor Wolfgang Babeck Wolfgang of Professor Conclusion The http://constcommis.gov.ge/uploads/files/Levan%20Ramishvili.pdf http://constcommis.gov.ge/uploads/files/konstitucia%20-%20cvlilebebi.pdf 70 69 32 71 The head of the Commission was arguing was Commission the of head The CEU eTD Collection a http://konstitucia.ge/index.php?option=com_content&view=category&layout=blog&id=44&Itemid=94&lang=k 74 73 72 government. the of branches work on the draft of the Constitution of Georgia in order to reach the balance among different amendments theConstitution made lawyers to in Georgia of of group decided2004, so to itpage is declaredthat ongoing political (spring2009)wasaconsequence of crisis the web- official their On Commission. National the to prior month bases public the on created TheCommission was becomerepublic. will aparliamentary which Georgia according to draft the on isworking commission a public as called also commission, The alternative more years. than fortwo responsibilities President’s the exercising she he was or casewhen the except times inarow, person can be elected as a Vice President only two times in arow and as a President also two responsibilities in case of earlierthe same termination bases ofand President’s withresponsibilities together thewith the Vice Presidentis who term. elected together samewith the President on his It executes is term. President The also abolished. is interesting Government He concerning or chapter The shePresident. thatis alsoa entitled is beforeto the only The Government accountable by President. the headed andcontrolled exercisesis which Government, the on President’scontrol no has hand other the on Parliament the and Parliament head of the state and thedraft, offers government presidential model of the governance. According as to this draftwell. the President asGonashvili-Bodzashvili called authors named draft, so the The third, after unexpected is the The President is not entitledperspective, to dissolve the proposingthat the a newdraft of Constitutionwasagainst President’s the andhadorder it no http://constcommis.gov.ge/uploads/files/proeqti%20bodzashvili%20gonashvili.pdf http://www.resonancedaily.com/index.php?id_rub=2&id_artc=1436 72 but this draft was still presented for the voting. 73 74 33 CEU eTD Collection 75 President). the electing of mechanism is the drafts two last these between Constitution itself andof two them supporting Parliament stronger only (the main difference likepicture looks drafts two tend tosupport strongerthe President, oneof which is anew main the seen have As we government. the of branches legislative and executive the between highlightmodel and main the and concerning distribution theofauthority points government Georgia and the draft of a new Constitution itself. In this of overview Constitution I triedthe to to concentrate amendments of drafts on available the of overview short the is This of Chamber. Georgiaone consist Parliamentshould to this the concept According President. the impeach to right the has Parliament the and Parliament the dissolve confidence islimited to one for the Members of the Parliament. The President has the right to non- of vote The Parliament. the before is accountable Government The Parliament. the by is elected Minister, thePrime right. Headof Government the veto suspensive the entitled to is President the hand other the On be countersigned. should President the by signed act legal allowed to benot is a member President The Parliament. the of majority of qualified the by any elections political indirect of basis party. He or she shouldfrom both bebranches and acting as politicallyan arbiter between them. He orshe should be elected on the neutral. Anydetached State, is the Headof the The President one. – theexecutive and Government the parliamentary is model in supreme organ Parliamentrepresentative the which the state of the the supports Commission The of destabilization. source eternal be the and political crisis issociety weak and the social-economic situation –heavy, will always end upwith the experience of Georgia year twenty the that to according is assumption basedon concept Commissions The Alternative presidential or semi-presidential model in the country with civil http://konstitucia.ge/index.php?lang=en 34 75 CEU eTD Collection the Ship at Sea, is when bewill publicinterest under process stronger the scrutiny”. governmental model,instance,for pressuredisguise while “[t]he to self-interest as public overlapping political case for concrete in the tool political as constitution using of probablethe outcomes crisis or effort of present government to keep the power by changing 76 isis will makemajorunless be change unlikely acrisis constitutional to present to constitution-making… against from work paradox good public stems fact that Thesecond the likely to are that inconditions emerges generally of task constitution-making the factthat the from arises paradox The first [are]… of basic paradoxes making,constitution-making “two forcesmechanismsjudging As concludes, while the constitution- the and Jon Elster of in constitution. bethe reflected itcan how chapters in previous faces of and today on basis evenall discussed the democracy I will try to make predictions pre-concludingthe part materials In available ongoing constitution-making process. aboutthe about what challenges the Georgian constitutional history or chapter In the Georgia Chapter 7: General Assumptions about the ‘New Constitution’ of initiate their draft onpublic basis. to in order signatures citizens’ the gather is to going Commission Public Alternative The Parliament. the calledchose thebasic document so the be Demetrashvili as draft to to polished and proposed On May 11, 2010 the National Constitutional Commission voted and with 31 voices out of 41 Jon Elster, Claus Offe, and Ulrich K. Preuss Cambridge University Press, 1998, p. 77 General assumptions about the‘newConstitution’ofGeorgia Institutional Post-communist Designin Societies –Rebuilding 35 76 Here I will discuss all I will underline will I CEU eTD Collection place and the assignation of the National Constitutional Commission as well as formation of Commission formation Alternative called so the as create to will public the well as Commission Constitutional National the of assignation the and place took paradox in case thesecond Georgian the from chapters previous As wehavethe seen in universe. the Constitution itself. The second one, as we have seen, is significant to almost all constitutions one. amend the Constitution, but after assigning the National Constitutional Commission it became the alternative 78 1996, p. 394 77 the as taken is only it and decision abovementioned with nothing do to has presidency of term second Saakashvili’s President of end approaching the idealistic that attitude the Of course, had to be found, but the Constitutional amendments were not even mentioned. war wasaddedto political the and situation if any unstable remedy it be of could foundkind lost inearly in1990s. The Region afterTskhinvali Abkhazia armed conflict the property and villageslost and were tens of of addedthousands still to refugees those, havingnoown losing hundreds capital Georgia thethreatof faced independence, was underattack, of year. a than less in war the by followed were in events These situation. the amendments balance to order Constitutional the initiate not did President the but Georgia, of citizens the in and taking anindependent station TV off airthe in 2007 protestingthe impulse far was higher to assign the Constitutional Commission, while after police riotof the peaceful demonstrators context. In the short historical contextit seems weird and vague what was hiddenthe impulse forinitiatingprocess Constitutional but only amendments, if we at look situation this without was the ‘normal’ background and pre-condition known in theory of the constitution-making in crisis 2009 political glance toone At the firstthingpay - the attention is to It interesting crisis. of emerged political the consequence immediate and impending”. I refer to the Alternative Commission‘so called’, while in fact it was the first commissioncreated in order to Jon Elster “Forces and Mechanisms in the Constitution-making Process”, Duke Law Review, Vol. 45, 1995- 77 The first one is a more general claim and is related to the nature of the 36 78 was in a close relationship a close in was CEU eTD Collection Constitution of Georgia and balances it with stronger Prime Minister as an absolutely an as Minister Prime stronger with it balances and Georgia of Constitution documentof National Constitutional limitsCommission the authority of Presidentin the the What do the proposedHe might not want to step down. drafts offerdissolved. him? Thebe to threat the under isalways which Parliament, the Head of the become he can leader official draft,Minister he will always be under control of the ‘created forwhich himself’ President and aPrime as country, the of asperson first asa a be elected party cannot he while politics, from the back is chosen step andleaderhasto politician charismatic ends,ayoung, energetic, MIkheil Saakashvili as a basic If we follow the line of this analyzes, and hereby Government face dissolved.the being of threat the to non-confidence of aftervote the give to has draft the fail to 2013,willing Parliament, the case, this In when the second term fail. likely to with whichismore draft, Governmenttogether the issue the for confidence of of presidency the putting with activity legislative for Parliament’s the control to mechanism the has President (see 79 Justice. of Minister and Affairs Internal of Minister Defense, of Minister i.e. Ministers’ herself called undercontrol – unanimously byhaving personal so the dismissing ‘force or himself Minister Prime the with manipulate and elected not is candidate his if Parliament the central although itwas putclaimed to limitations tothepresidential inauthority, givessome aspects role to the As I have already andmentionedanalyzed theConstitution Presidentof beingGeorgia inforce today, which in reflected process. currently the constitution-making ongoing can assign canbe interests personal Saakashvili’s how view of toofferaslightly different I choose But the valid. well is as Prime opposition, the with situation emerged the balance to in order step last very Minister and dissolve the Which according to the amendments made to the Constitution in 10.10.2008 is the ProsecutorGeneral as well http://constcommis.gov.ge/index.php?do=menu&id=5 37 ) 79 The CEU eTD Collection 81 80 and in position 1993-1995when Constitution wasbeing prepared. the Georgia of tailed thedrafton personalities andhis main isargument thathe supported samethe model have to supported. Of thescholar refuses hisnot course, Commissionthe draft incase was and two days before the ballot was hasheadindependent his of branch.Theauthor executive the principle draft position about considering stepping down from the post of the head of authors is the official in the Ministry of Justice of Georgia. is supported. This draftif this draft the VicePresident in andbecome run thesame Georgia scenario might desire to has chance to be Saakashvili initiated Minister. Prime became apowerful Putin whentheex-president political order, from the executive for again President, 5years each looks likemuch This model term. thecurrentRussian branch as one asof a theVice Presidentsystem and dividestwice, the authority of the President with thewith Vice President, who can bethe electedsupport iscalled draft balanced the claimedto so The third Gonashvili-Bodzashvili draft, President for 5 years her terms. or previous each term and twicehis regardless to herselfballot asaPresident, himself or to addition, willbeable person any after,in be prescribed not will if and chronology as of system new the bring a will it adopted be President, but if this draft, which is the draft of a new itsupports strongthe Presidentand Saakashvilihas noother be opportunity electedConstitutionto asa and not amendments will At firstthe glance,isdraft the ‘Liberty unprofitableInstitute’ President, while for current the Parliament. the National Constitutional Commission and very easy to foresee. This draft will be discussedindeed, by his position was clear from the beginning, when he was assigned as the Head of the The interview withAvtandil Demetrashvili http://constcommis.gov.ge/index.php?do=static&mid=29&lng=eng&lng=geo http://www.tavisupleba.org/content/article/2033176.html 38 81 80 And CEU eTD Collection system of governance and did his best to adopt this type of the Constitution. the of type this adopt to best his did and governance of system Georgia become Hewas invited head the presidential to to state. the the openly of supporting politicalthe crisisin 1991-1995. In periodthat the political figure– EduardShevardnadze was background for this Constitution there is the fall of the regime as well as three civil warsThe and first Constitution dictated makingto eachmember without politics any country of kind distinction. constitution- Soviet wasthe It politics. Georgian of the and characteristic significant was not after the SovietDuringyearsempire (in 70 1918). the regime, Soviet the constitution-making of process the era gaininga state,after independenceinto from 1921 after was Russian transformingthe country the adoptedin wascreated in my research, fully discussed whichisnot Constitution, very first The times. in Augustdifferent at forwere present process beginningpolitical constitution-making background the 1995. As a as known events the all almost case, Georgian the discussing a while seen have As we political Conclusion question of technique, which one will be chosen. only predict that any of the three drafts favored by the President will be adopted. It is only the can I Parliament in the Constitution the amending for majority competent the has Movement National party political Saakashvili’s Mikheil fact that the consideration the into Taking 2004amendments. with the leader asitwasproved seems unreasonable to me interestfromin stronger Parliamentin order to stay in thethe Georgian politics as a party leader,person but it guided by parliamentary model. Saakashvili’s onelogic canfollow Of course, myownandclaim about the interests to become a seemslessinIt favorable thiscase that alternative bethe draft –proposing the would one unanimous 39 CEU eTD Collection influence on the constitution-making process in Georgia. After researching three main phases three researching in After Georgia. process constitution-making on the influence and have direct agreat inactors political research, the Iofferedbeginning of hypothesis the influence tothe According process. this actors political and howdothe making process constitution- in the matter agencies the do - question initial my answer I shall how Now, revolution and social and economic crisis, war and fear of regime collapse at the same time. crisis, political collapse, regime newstate, a of creation case: in theGeorgian observed according So, were theoretical followingthe framework backgrounds tothe political 1996, p. p. 368-373 82 classification Elster’s from Jon fearthe collapse regime of would choose I events for ongoing reason immediate the as drafts, theoffered of analyze the to according politicalthe background for assigning theNational inConstitutional Commission but 2009, as serving reason one than more was there Consequently, strongly. quite economy Georgian the affected warhad the into addition which consideration be into taken isto financial crisis Since 2007 Georgia of Georgia. Prime Minister the first Government, Head of the –the Zurab Zhvania has faced Nino became Headof the and Burjanadze State, Saakashvili Headof the –the Parliament the several Hereby,Mikheil Government. andHead of the the State Headof the the two: intodivided waves of political is power executive the model, where semi-presidential the to switched Georgia amendments, crisis 2004 atbeing same tothe Head of State the According the Government Headof the time. the and war posts according the to Constitutionand of Georgia were two– the Head the of Parliament and the the globalwere three: Mikheil Saakashvili,Zhvania Zurab and NinoBurjanadze andthehighest official divided the power. The problem was that the main actors forces to every revolutionary is revolution, asitand significant ‘Rose Revolution’ called of the Georgian Velvet Revolution Fundamental Constitution tothe madeamendments Georgia so the of in2004after were Jon Elster “Forces and Mechanisms in the Constitution-making Process”, Duke Law Review, Vol. 45, 1995- 40 82 . CEU eTD Collection retirement and tries to avoid it. adoption oflater, asthe deadlinefor the happen likely in2010(or isto and poweramongthe themselves the draft ispresidential model of ingovernance, 2004 –when revolutionarythe had distributetriple to not declared), the created interests happenedwhen in 1995 arena. It Shevardnadze’s political on presentthe when and political being of interests background the immediate the directly actors reflecting the acting was adopted model each that conclude can I itself, branch executive the among or branches President legislative and between executive the ispowers of separation the Constitution concerning the facing the articlesof concrete 2010andanalyzing 1995, 2004, inGeorgia - of constitution-making the political 41 CEU eTD Collection Bibliography: x x x x x x x x x x Jon Elster Jon Wilson Center Press, 1993 Constitution makinginEasternEurope, Press,of Toronto 1981 Incentives andOutcomes G. Sartori CEU press, 1999 Review,1995-1996 Vol. 45, McWhinney Edward Sajo Andras University Press, 1994) Constitutionalism, Identity,Difference and Legitimacy Relations Between Constituent Power Constitution and the Preuss U. Societies – Rebuildingthe Ship at Sea, K.Preuss Ulrich and Offe, Claus Elster, Jon Deliberation andDemocracy Douglas Greenberg and others, Oxford University Press, 1993 Constitutionalism andDemocracy Transitions intheContemporary World Melbourne: Melbourne University 1988 Press, G. Q. Walker, Constitutional Powermaking for the New Polity: Deliberations the the Some Constitutional Powermakingon New for Forces and Mechanisms in the Constitution-making Process Forces andMechanismsintheConstitution-making Comparative Constitutional AnInquiryintoStructures, Engineering. Limiting Government–AnIntroductiontoConstitutionalism, The Rule of Law.The Ruleof FoundationofConstitutional Democracy, Constitution-making. Principles, Process,Constitution-making. Principles, Practice , Houndmills: Macmillan Press 1994 , ed. Jon , ed. CambridgeElster University Press 1998 42 Cambridge University Press, 1998 ed. A. E. Dick Howard, The Woodrow Institutional Design inPost-communistInstitutional (Durham and London: Duke , in M. Rosenfeld (ed.), , University , Duke Law , Duke Budapest, , ed. CEU eTD Collection Internet Resources For all sources which are originally in Georgian, provided translation is informal 83 All the internet sources are last checked on 02.06.2010 x x x x x x x x x x x http://constcommis.gov.ge/?&lng=eng&lng=eng&lng=geo Center for Constitutionalism and Legal Culture, Warsaw 1998 Constitution-making process, http://internet.ge/index.php?action=news&category=3&news=54183 http://www.tavisupleba.org/content/article/1561046.html http://www.harrimaninstitute.org/MEDIA/01396.pdf http://www.globalsecurity.org/military/world/war/south-ossetia-3.htm http://www.parliament.ge/files/68_1944_951190_CONSTIT_27_12.06.pdf d=23 http://www.parliament.ge/index.php?lang_id=GEO&sec_id=69&kan_det=det&kan_i http://www.parliament.ge/index.php?lang_id=GEO&sec_id=776 http://constcommis.gov.ge/index.php?do=resource/view&id=57 http://constcommis.gov.ge/index.php?do=resource/view&id=60 : 83 ed. Miroslaw Wyrzykowski, Institute of Public Affairs, 43 CEU eTD Collection x x x x x x x x x x x x x x x x x http://civil.ge/eng/article.php?id=6140&search=Saakashvili http://www.esiweb.org/index.php?lang=en&id=322&debate_ID=3&slide_ID=12 http://www.venice.coe.int/docs/2004/CDL-AD(2004)008-e.asp http://www.nplg.gov.ge/dlibrary/collect/0001/000299/konstitucia%20kart.pdf http://www.resonancedaily.com/index.php?id_rub=2&id_artc=1436 http://constcommis.gov.ge/uploads/files/Levan%20Ramishvili.pdf http://constcommis.gov.ge/uploads/files/konstitucia%20-%20cvlilebebi.pdf http://www.tavisupleba.org/content/article/2038596.html http://www.icgs.ge/saxelmcifo-sakonstitucio-komisia.html http://constcommis.gov.ge/index.php?do=resource/view&id=5&lng=geo http://www.rferl.org/content/article/1079100.html protesters http://www.hrw.org/en/news/2007/12/17/georgia-government-used-excessive-force- protesters http://www.hrw.org/en/news/2007/12/17/georgia-government-used-excessive-force- http://news.bbc.co.uk/2/hi/europe/7083911.stm http://constcommis.gov.ge/uploads/files/daskvna%20babeki.pdf http://www.venice.coe.int/docs/2004/CDL(2004)004-e.asp d=1217 http://www.parliament.ge/index.php?lang_id=GEO&sec_id=69&kan_det=det&kan_i 44 \ CEU eTD Collection x x x x x x http://constcommis.gov.ge/index.php?do=static&mid=29&lng=eng&lng=geo http://www.tavisupleba.org/content/article/2033176.html http://constcommis.gov.ge/index.php?do=menu&id=5 http://konstitucia.ge/index.php?lang=en d=44&Itemid=94&lang=ka http://konstitucia.ge/index.php?option=com_content&view=category&layout=blog&i http://constcommis.gov.ge/uploads/files/proeqti%20bodzashvili%20gonashvili.pdf 45