Constitution for People v. Constitution for Politicians: Lessons of Constitutional Legitimation from Georgia

Constitution and its perception are different in different societies.
Social effect of constitution always shows real power of the document, how it works in practice and what is its impact on society. This is always linked to the question of legitimation and the will of the people, as they are main source of political power. Traditionally, Georgian constitutional reforms are known to be designed by concrete politicians according to their political or sometimes very individual taste. Despite the existence of constitutional commissions, mostly they are just fictions and the text is written “somewhere in the dark cabinet”.
This paper aims to underline basic directions of Georgian constitution-making process, analyze impact of constitutional legitimation on the perception of the basic law and how to measure the will of the people in the constitutional law-making process. The paper will be focused on the Georgian experience and will determine basic challenges for the Georgian constitution