The Institution of Suspension of The Disputed Act within The Constitutional Review

Abstract

Suspension the operation of a disputed act is an essential instrument, which aims to serve efficient protection of human rights and fundamental freedoms in the process of constitutional review. According to the case law of the Constitutional Court of Georgia, this particular role of the mechanism of suspension of the norm is caused by several important factors. Most importantly, suspension the operation of a disputed act is the ability to establish the basis (legal capacity) for the Constitutional Court of Georgia, to provide an instant response when there is an urgent need. Irreplaceable nature of this instrument gains particular importance, not only in practical terms but academic as well. Within this paper the basic essence of suspension, the certain precondition for suspension well-established by the case law of the Constitutional Court of Georgia case law, particular issues such as the interrelation between entail irreparable consequences to one of the parties and the restriction of the rights of the others is discussed. Further, the paper analyses the non-systematic approach of the legislator in the legislative amendments to the instrument and the shortcomings identified in the constitutional review of the court.

Keywords

• constitutional law
• human rights law
• constitutional review
• constitutional court of georgia
• suspension of norm