The Remedies of Elimination of a Statutory Privilege Incompatible with the Right to Equality And Non-Discrimination by the Constitutional Courts

Abstract

While performing the constitutional review, constitutional courts often have to assess the constitutionality of legal provisions, which grant a privilege concerning social benefits, tax exemptions or similar matters to a certain group of the society. Such cases can be problematic with regard to the right to equality when a particular group of people are excluded from above-mentioned privileges without appropriate rational justification. The main challenge for constitutional courts in these cases is to declare the provision granting a privilege unconstitutional in such manner, that does not go beyond the scope of its authority and role as a negative legislator. To resolve this issue, constitutional courts apply various mechanisms established by the relevant legislation or the case law and the Constitutional Court of Georgia is no exception for that matter.

Keywords

• constitutional review
• constitutional courts
• constitutional court of georgia
• constitutional law remedies
• non-discrimination