Contemporary Constitutionalism and the Anthropocentric Value Order – On the Modernity of the 1921 Constitution of Georgia

Abstract

Modern constitutionalism is based on a fundamental order of values centered on the human being: human dignity, freedom and equality. These anthropocentric values are functionally interrelated. The rule of law transfers these values to the sphere of the institutions, which must embody these values themselves and realize them in relation to individuals. A genuine constitution contains this order of basic values, whether in the written text or implicitly. These values are universal, at least in their functional core. Accordingly, modern constitutionalism is characterized by three essential tendencies: individualization, constitutionalization and internationalization. The 1921 Constitution of the Republic of Georgia can be considered modern and in line with the essential standards of contemporary constitutionalism, especially with regard to its system of fundamental values.

Keywords

• human dignity
• equality
• freedom
• german federal constitutional court
• constitutional justice
• politics
• separation of powers