CEU Electronic Theses and Dissertations, 2009
| Author | Tatulashvili, Niko |
|---|---|
| Title | Judicial Independence in Georgia and Germany - Comparative Analysis of Constitutional Courts |
| Summary | This thesis examines the degree of judicial independence in the constitutional courts of Germany and Georgia. In this respect three main aspects of judicial independence are discussed – appointments, disciplinary sanctions and dismissals. The fact that the constitutional courts of both countries are very similar in their functions and composition serves as an incentive for choosing this topic. In the system of both constitutional courts one can see gaps in regard to appointments, disciplinary sanctions and dismissals, but the idea of this thesis to recommend some changes for the Georgian Constitutional Court in order to strengthen its independent status. Though the German Constitutional Court system is often subject to criticism, still the independent status of constitutional judges are on a very high level and therefore examples can be taken from them. In addition to this, I refer to theoretical issues related to judicial independence in order to argue the need for an independent judiciary. Also the standards of judicial independence guaranteed by international instruments are mentioned in the following thesis. This helps the reader compare on the one hand the relation of international society towards the independence of judiciary and, on the other hand, the attitude of particular states, in our case Germany and Georgia towards the issue. The thesis concludes by making recommendations for Georgia. |
| Supervisor | Ng Gar Yein |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2009/tatulashvili_niko.pdf |
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