Georgia has been a democratic republic since the presidential elections and constitutional referendum of October 1995. In February 2004 the Constitution was amended to provide for a Presidential/Prime Ministerial structure of executive governance similar in some respects to that of France.
The allocation of power
Legislative:
All legislative power is vested in the Parliament, which is the highest representative body of the State. It exercises legislative power, determines the main directions of domestic and foreign policy, carries out general control over the Government and other functions within the framework of the Constitution. The Parliament consists of 150 members elected in a nation-wide vote on the basis of proportional representation from party lists and 85 members elected from single-mandate, geographically defined districts. Members of Parliament are elected for a term of four years on the basis of free, universal, equal and direct suffrage by secret ballot.
The Parliament, for the term of its authority, elects from its membership a Chairperson of the Parliament.
Parliamentary committees are established for preliminary preparation of legislation; monitoring of fulfillment of previously adopted Parliamentary decisions and supervision of activities of state bodies accountable before the parliament and controlling over all other governmental activities. The Parliament can set up ad hoc Parliamentary Committees.
Executive:
The executive functions in Georgia comprise the President of Georgia who serves as Head of State and a Prime Minister who serves as Head of Government (except that the President functions as Head of Government with respect to the Ministries of Internal Affairs and Defense).
The President of Georgia is the Head of State of Georgia and is charged by the Constitution with the responsibility of exercising the internal and foreign policy of the state. He/she must ensure the unity and integrity of the country and the activity of the state bodies in accordance with the Constitution. The President of Georgia is the supreme representative of Georgia in foreign relations and is the Commander-in-Chief of the Armed Forces of Georgia.
The President of Georgia is elected on the basis of universal, equal and direct suffrage by secret ballot for a term of five years. The same person may be elected President only for two consecutive terms.
The Government of Georgia (not to be confused with the State) is charged by the Constitution as amended in February, 2004, to ensure the exercise of the executive power, the internal and foreign policy of the state in accordance with the legislation of Georgia. The Government is responsible to the President and the Parliament of Georgia.
The Government is composed of the Prime Minister and the Ministers. The Prime Minister is the head of the Government. The State Ministers may be in the composition of the Government. The Prime Minister charges one of the members of the Government with the exercise of the responsibilities of the Vice Prime Minister.
The Prime Minister determines the directions of the activity of the Government, organizes the activity of the Government, exercises co-ordination and control over the activity of the members of the Government, submits report on the activity of the Government to the President and is responsible for the activity of the Government before the President and the Parliament of Georgia. The Prime Minister appoints other members of the Government by the consent of the President and is authorized to dismiss the members of the Government.
Judiciary:
The independence of the Judiciary is guaranteed by the Constitution. The highest court is the Supreme Court. It exercises control over lower courts. The Parliament appoints the Chairman of the Supreme Court upon the nomination by the President, and the Parliament can dismiss the Chairman.
The Constitution establishes the Constitutional Court. The Constitutional Court rules on the legality and constitutionality of legislative or governmental acts and guarantees highest authority of the Constitution of Georgia.
|