The Common Courts – Effective Remedy for Human Rights Protection

Abstract

Application of an unconstitutional law in the process of adjudication entails a risk of human rights violation, therefore, court should ensure prevention of such risk. The aim of this paper is exploring the very measures for reaching the mentioned goal. Scope of application of constitutional rights is not defined in Georgian court practice, which is why this article through comparative research, analysing experience of different countries and utilising the rules of various interpretations of legal acts, investigates the scope and legal consequences of direct application of the Constitution by common courts.

Keywords

• direct effect
• constitutional law
• human rights law
• georgian law
• georgia