Real constitutional review in modern democracies: implications for Georgia

Abstract

This article examines the contemporary trends in real constitutional review, focusing on its essential role in safeguarding fundamental rights within democratic societies. Drawing upon comparative analysis of established European models—such as those of Germany, Spain, Austria, and Central and Eastern European states—the study identifies the defining characteristics of real constitutional control, including the admissibility requirements, the subsidiarity principle, and the binding force of constitutional judgments. Special attention is given to the potential for adapting these models to the Georgian legal system. The paper argues that, despite existing institutional and procedural constraints, the introduction of real constitutional review in Georgia could significantly enhance the effectiveness of constitutional justice and human rights protection. The study also outlines the necessary legislative, procedural, and organizational reforms required for its successful implementation.