Theoretical and Legal Foundations of Territorial-State Arrangement

Abstract

This article examines the theoretical and legal foundations of territorial-state organization within the framework of comparative constitutional law and Georgian constitutional law. The purpose of the study is to analyze the legal nature of the principal models of territorial organization - the unitary state, the federation, and autonomy - to develop a theoretical classification of these models, and to assess Georgia's constitutional model in light of international standards and comparative experience. The work relies on comparative-legal, historical-legal, and formal-legal methods. The study confirms that Georgia's 1995 Consti­tution established the model of a unitary state, yet the unresolved status of the autonomous republics and the constitutional "freezing clause" concerning territorial integrity create a distinctive constitutional-legal phenomenon that has almost no analogue in comparative constitutionalism. The article also examines the constitutional guarantees of local self-government, the legal nature of the sub-national entities, and the prospects for decentralization within the context of European integration.