E-JOURNALS OF UNIVERSITY SULKHAN-SABA ORBELIANI
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ON THE INSTITUTE OF LOCUM TENENS IN THE GEORGIAN ORTHODOX CHURCH
No full textThis paper seeks to elucidate the way in which the status of locum tenens functions in the tradition of Eastern Orthodox Church and its Canon Law. This article provides a brief overview of the relationship between the Bishop and the local Church since Apostolic fathers, to present that the perceive of institute of locum tenens in the Georgian Church (since 1917 until today) is out of Holy Canons and Tradition. While recognizing the immense impact and contribution of the Russian Reign, this paper examines the questions and problems which are dominated in Georgian Church and connects them to the style of electing bishops.Attempting to move beyond dated documents and practices which are operating in Georgia, this article seeks to make room with other documents and practices about the governing of local Orthodox Church. For example, in this paper is pronounced clearly, that it is uncanonically both, when patriarch is able to elect or elevate bishop without others and when in the same city there are two governing bishops (in this case -patriarch and his locum tenens). Following in the wake of the Canon Law, Church History and Tradition regarding bishops and the rule of their election, paper concludes, that the style of election of Metropolitan Shio (Mujiri) as locum tenens, his status and authority are out of Holy Canons and it must be changed.This paper seeks to elucidate the way in which the status of locum tenens functions in the tradition of Eastern Orthodox Church and its Canon Law. This article provides a brief overview of the relationship between the Bishop and the local Church since Apostolic fathers, to present that the perceive of institute of locum tenens in the Georgian Church (since 1917 until today) is out of Holy Canons and Tradition. While recognizing the immense impact and contribution of the Russian Reign, this paper examines the questions and problems which are dominated in Georgian Church and connects them to the style of electing bishops. Attempting to move beyond dated documents and practices which are operating in Georgia, this article seeks to make room with other documents and practices about the governing of local Orthodox Church. For example, in this paper is pronounced clearly, that it is uncanonically both, when patriarch is able to elect or elevate bishop without others and when in the same city there are two governing bishops (in this case -patriarch and his locum tenens).Following in the wake of the Canon Law, Church History and Tradition regarding bishops and the rule of their election, paper concludes, that the style of election of Metropolitan Shio (Mujiri) as locum tenens, his status and authority are out of Holy Canons and it must be changed
THE TWO FACES OF FEDERALISM: From the Journal -Scalia A., Two Faces of Federalism, Harvard Journal of Law and Public Policy, Vol.6, No.1, 1982, 19-22
No full textThe article deals with the understanding of federalism by 20th century American conservatives, which seems to derive from the view of Alexander Hamilton, but essentially contradicts him. According to Scalia, Alexander Hamilton exalted the virtues of federalism and criticized colonial disunity, while twentieth-century American conservatives for more than five decades saw federalism as a critique of central control, thus opposing the national government's intervention and extolling the benefits of state and local control. The author disagrees with such an approach and cites a number of areas of legislation in which it would be appropriate to have federal legislation and in some cases impose regulations prohibiting states. Scalia's final call is that the federal government is good if we use it wisely.The article deals with the understanding of federalism by 20th century American conservatives, which seems to derive from the view of Alexander Hamilton, but essentially contradicts him. According to Scalia, Alexander Hamilton exalted the virtues of federalism and criticized colonial disunity, while twentieth-century American conservatives for more than five decades saw federalism as a critique of central control, thus opposing the national government's intervention and extolling the benefits of state and local control. The author disagrees with such an approach and cites a number of areas of legislation in which it would be appropriate to have federal legislation and in some cases impose regulations prohibiting states. Scalia's final call is that the federal government is good if we use it wisely
BIBLICAL VISION OF HUMAN PERSON
No full textThe present article analyses the biblical imagine of human person considering God’s creature not in a static condition but explains his/her dynamic relationship with God in perspective of co-responsibility. Recalling psalm 8, the author emphasizes a mysteriouscharacter of this relationship reflecting, on the one hand, a special place and role of human person in the order of the creation that becomes a reason for great wonder, delight and uncertainty. And on the other hand, he sees human greatness in God’s splendor, a point of departure of mutual dependence between human person and God is seen in God’s image and resemblance still being a foundation for successful relationship between them despite human person’s sin. However, reality of a sin is not neglected but it refers to the need for intense self-knowledge. The attention is paid to original character of love that opens not only a new horizon of relationship but sheds unique light on the final sense of this relationship. Both the new horizon and the final meaning of this relationship is revived in human face and gains concrete outlines in the person of Jesus Christ. The author summarizes a biblical vision of human person in selfexpression of the person of Christ and considers his final explanation in a horizon of loveThe present article analyses the biblical imagine of human person considering God’s creature not in a static condition but explains his/her dynamic relationship with God in perspective of co-responsibility. Recalling psalm 8, the author emphasizes a mysteriouscharacter of this relationship reflecting, on the one hand, a special place and role of human person in the order of the creation that becomes a reason for great wonder, delight and uncertainty. And on the other hand, he sees human greatness in God’s splendor, a point of departure of mutual dependence between human person and God is seen in God’s image and resemblance still being a foundation for successful relationship between them despite human person’s sin. However, reality of a sin is not neglected but it refers to the need for intense self-knowledge. The attention is paid to original character of love that opens not only a new horizon of relationship but sheds unique light on the final sense of this relationship. Both the new horizon and the final meaning of this relationship is revived in human face and gains concrete outlines in the person of Jesus Christ. The author summarizes a biblical vision of human person in selfexpression of the person of Christ and considers his final explanation in a horizon of lov
INFLUENCE OF THE CONSTITUTIONAL LAW ON CIVIL LITIGATION AND DEVELOPMENT OF LAW ON THE EXAMPLE OF GENERAL RIGHT OF PRIVACY
No full textThe article is a brief overview of the development of German case law on the establishment of general right of privacy. As a result of the analysis of the historical excursion, the main focus is on the study of the operation of constitutional law in the private legal space on the example of the general individual right. It is clear that the German legal system has come a long way in the civil legal recognition of the general right of privacy, to which judicial practice played a major role. This was made possible by the adequate application and interpretation of the provisions of the constitutional law in private law relations in early case law. For its part, the application of the Constitutional law in the private legal area has made it easier for the German Federal Supreme Court(BGH) to overcome the “obstructive” and rigid provisions of the German Civil Code. Naturally, the founding decisions of the German Federal Supreme Court (BGH) were not uniform in this regard. Further developments in case law show that the court in the early years took a cautious and orienting approach to substantiating the connection between private law and the Constitutional law, and only years later it became possible to establish a functional connection between them. Thus, the article is based on an analysis of case law, which is interestingly combined with conceptual details related to the important findings of the author.The article is a brief overview of the development of German case law on the establishment of general right of privacy. As a result of the analysis of the historical excursion, the main focus is on the study of the operation of constitutional law in the private legal space on the example of the general individual right. It is clear that the German legal system has come a long way in the civil legal recognition of the general right of privacy, to which judicial practice played a major role. This was made possible by the adequate application and interpretation of the provisions of the constitutional law in private law relations in early case law. For its part, the application of the Constitutional law in the private legal area has made it easier for the German Federal Supreme Court(BGH) to overcome the “obstructive” and rigid provisions of the German Civil Code. Naturally, the founding decisions of the German Federal Supreme Court (BGH) were not uniform in this regard. Further developments in case law show that the court in the early years took a cautious and orienting approach to substantiating the connection between private law and the Constitutional law, and only years later it became possible to establish a functional connection between them. Thus, the article is based on an analysis of case law, which is interestingly combined with conceptual details related to the important findings of the author
PRIVATIZATION AS A FUNDAMENTAL ELEMENT OF PUBLIC MANAGEMENT
No full textAccording Art. 4(3) of the Constitution of Georgia “State government is implemented based on the principle of separation of powers”. This statute strengthens separation of powers between different branches of government and provides the system of checks and balances. The new concept of public management (NPM) provides flexibility of public governance, transfer of public tasks or state property to the private sector. This delegation of state tasks and the denationalization of property is called privatization and its idea is to unload the state, rational use of state resources and stabilize governance with less cost. Privatization as a new central institution of public governance, for the purposes of administrative law, is considered in a formal and material sense and material privatization is carried out in the form of organizational and functional privatization. The whole spectrum of privatization issues is presented in this articlefrom this perspective, considering the forms of its implementationAccording Art. 4(3) of the Constitution of Georgia “State government is implemented based on the principle of separation of powers”. This statute strengthens separation of powers between different branches of government and provides the system of checks and balances. The new concept of public management (NPM) provides flexibility of public governance, transfer of public tasks or state property to the private sector. This delegation of state tasks and the denationalization of property is called privatization and its idea is to unload the state, rational use of state resources and stabilize governance with less cost. Privatization as a new central institution of public governance, for the purposes of administrative law, is considered in a formal and material sense and material privatization is carried out in the form of organizational and functional privatization. The whole spectrum of privatization issues is presented in this articlefrom this perspective, considering the forms of its implementatio
მარბერი მედისონის წინააღმდეგ: ჯონ მარშალის ხელოვნება
Get PDFThe precedent-setting decision Marbury v. Madison rendered by the supreme court of the U.S. in 1803 determined the future of the entire American judiciary (and not only). It is an outstanding example of judicial art by a savvy politician and experienced lawyer, Jon Marshall. The reasoning given by Justice Marshall in it became the ground for establishing a model of constitutional review in the United States and later in the rest of the world. By the decision, it was firstlydetermined that a court could nullify a law of Congress. It is also important to note the role of the decision in setting the Judiciary as an independent and equal branch of the government together with executive and legislative branches and establishing the principle of separation of powers. This article examines all the important aspects of the reasoning presented by John Marshall – “Judge Hercules” and to determine which method of resolving a hard case the judge uses.The precedent-setting decision Marbury v. Madison rendered by the supreme court of the U.S. in 1803 determined the future of the entire American judiciary (and not only). It is an outstanding example of judicial art by a savvy politician and experienced lawyer, Jon Marshall. The reasoning given by Justice Marshall in it became the ground for establishing a model of constitutional review in the United States and later in the rest of the world. By the decision, it was firstlydetermined that a court could nullify a law of Congress. It is also important to note the role of the decision in setting the Judiciary as an independent and equal branch of the government together with executive and legislative branches and establishing the principle of separation of powers.This article examines all the important aspects of the reasoning presented by John Marshall – “Judge Hercules” and to determine which method of resolving a hard case the judge uses
GREGORY VII AND “DICTATUS PAPAE”
No full textPope Gregory VII was one of the most extraordinary and active popes who ever hold St. Peter’s throne. His reforms are well known. “Dictatus Papae” is a controversial document that enumerated basic principles and ideas of the Church, which determined future development of all Europe. Georgian text of the document is a translation from Latin original.Pope Gregory VII was one of the most extraordinary and active popes who ever hold St. Peter’s throne. His reforms are well known. “Dictatus Papae” is a controversial document that enumerated basic principles and ideas of the Church, which determined future development of all Europe. Georgian text of the document is a translation from Latin original
საქართველოს ისტორიის ზოგიერთი უცნობი წყარო
Get PDFწინამდებარე წერილში წარმოდგენილია საქართველოს ისტორიის ახალი წყაროების ნაწილი, რომელიც ხანგრძლივი და შრომატევადი წყაროთმცოდნეობითი ძიებების შედეგადაა მოპოვებული. სამწუხაროდ, უკანასკნელ პერიოდში საქართველოს ისტორიისწყაროთმცოდნეობითი ბაზის გაფართოებისაკენ ძალისხმევა ნაკლებადაა მიმართული, ჩვენი მიზანია, რამდენადაც ამ მცირემოცულობის ტექსტშია შესაძლებელი, განსახილველი წყაროების შუქზე გადმოვცეთ ქართული ისტორიოგრაფიის რიგი ფუნდამენტური პრობლემები. საქართველოს ისტორიის ქვემოთ განხილულ ევროპულ წყაროთა წარმომავლობისა და სამეცნიერო ღირებულების არაერთგვაროვნების მიუხედავად, მათი ჩვენებებიდან კარგად ჩანს, რომ შუა საუკუნეების პრიმიტიული გეოგრაფიული წარმოდგენებისა და ფსევდოისტორიოგრაფიული შეხედულებების პირობებშიც კი, დასავლეთში არსებობდნენ ქართულ სამყაროსთან დაკავშირებული მრავალმხრივი საისტორიო ტრადიციები. სტატიაში ერთი წყაროს ჩვენებათა საფუძველზე განვიხილავთ ქართული სამყაროს კულტურულ-ისტორიულ ნიშას, რომელიც მასდასავლეთ ევროპულ პერსპექტივაში ეჭირა ისტორიის უზარმაზარი მონაკვეთის განმავლობა
NATIONALIZATION OF RELIGION IN THE GEORGIAN ORTHODOX CHURCH – POSITIVE OR NEGATIVE FACTOR IN THE PROCESS OF DEMOCRATIZATION? Translated from the book - Pamela Jawad, Oliver Reisner, Die Nationalisierung der Religion in der Orthodoxen Apostolischen Kirche Georgiens – Begünstigung oder Hindernis im Demokratisierungsprozess?, Religiöse Akteure in Demokratisierungsprozessen Konstruktiv, destruktiv und obstruktiv, Julia Leininger (Hrsg.), Deutsches Institut für Entwicklungspolitik (DIE), Springer, 2013, 149-190
No full textThe Orthodox Church has always had a special place in the history of Georgia, although there are some concerns about its role in recent years. This article is a translation from german (Pamela Jawad, Oliver Reisner, Die Nationalisierung der Religion in der Orthodoxen Apostolischen Kirche Georgiens – Begünstigung oder Hindernis im Demokratisierungsprozess?, Religiöse Akteure in Demokratisierungspro zessen Konstruktiv, destruktiv und obstruktiv, Julia Leininger (Hrsg.), Deutsches Institut für Entwicklungspolitik (DIE), Springer, 2013, 149-190) and analyzes the influence of the Orthodox Church in Georgia. The focus is on the role of the Church after Georgia's independence, what function it was assigned to her, and whether she was able to cope with the challenges she faced after gaining independence and make a positive contribution to the country's difficult process of development The Orthodox Church has always had a special place in the history of Georgia, although there are some concerns about its role in recent years. This article is a translation from german (Pamela Jawad, Oliver Reisner, Die Nationalisierung der Religion in der Orthodoxen Apostolischen Kirche Georgiens – Begünstigung oder Hindernis im Demokratisierungsprozess?, Religiöse Akteure in Demokratisierungspro zessen Konstruktiv, destruktiv und obstruktiv, Julia Leininger (Hrsg.), Deutsches Institut für Entwicklungspolitik (DIE), Springer, 2013, 149-190) and analyzes the influence of the Orthodox Church in Georgia. The focus is on the role of the Church after Georgia's independence, what function it was assigned to her, and whether she was able to cope with the challenges she faced after gaining independence and make a positive contribution to the country's difficult process of development 
ხანდაზმულობის ვადა, CONTRA LEGEM ინტერპრეტაცია და ერთი საინტერესო გადაწყვეტილება ქართული სამოქალაქო სამართალწარმოების პრაქტიკიდან
Get PDF“Contra Legem"” is a Latin legal term and it is a different, oppositional interpretation of the norms established by the legislation in the country. In other words, this term is used in a specific legal context to discuss court decisions that appear to contradict or defy the laws governing a particular legal controversy. The obligation to interpret the law Contra Legem, of course, due to its content, is not recognized by the legislation of any country (including Georgia), it can only be considered as an element of judge-made law, as courts are allowed to reach such decisions under certain circumstances, insofar as a judge has the right to use this form of explanation at his or her discretion if necessary. The national legal space “Contra Legem” is not really pampered by explanations, moreover, Georgian judge-made law practically is not developed in this direction. One can only find distorted and nonstandard explanations of the content of particular law norm in separate court decisions. The following is an analysis of just one such decision.“Contra Legem"” is a Latin legal term and it is a different, oppositional interpretation of the norms established by the legislation in the country. In other words, this term is used in a specific legal context to discuss court decisions that appear to contradict or defy the laws governing a particular legal controversy. The obligation to interpret the law Contra Legem, of course, due to its content, is not recognized by the legislation of any country (including Georgia), it can only be considered as an element of judge-made law, as courts are allowed to reach such decisions under certain circumstances, insofar as a judge has the right to use this form of explanation at his or her discretion if necessary. The national legal space “Contra Legem” is not really pampered by explanations, moreover, Georgian judge-made law practically is not developed in this direction. One can only find distorted and nonstandard explanations of the content of particular law norm in separate court decisions. The following is an analysis of just one such decision