Art. X, Sec. I, Para. IV. Constitutional convention; how called.

For article, ‘‘History of the Veto Power in Georgia,’’see 8 Ga. St. B.J. 513 (1972). For article, ‘‘The Office of Legislative Counsel,’’ see 23 Ga. St. B.J. 114 (1987).

1976 Constitution.

Art. XII, Sec. I, Para. II.

Effect of paragraph.

This paragraph purports to do nothing more than place limitations upon the legislative branch of government as to the manner in which a convention can be called by this branch of the government. Wheeler v. Board of Trustees, 200 Ga. 323, 37 S.E.2d 322 (1946) (see Ga. Const. 1983, Art. X, Sec. I, Para. IV). Effect of adopting new Constitution

by convention only.

To say that the sovereign people can adopt a new Constitution by convention method only would by implication be writing into the Constitution a limitation on the sovereign power of the people, which would be an unauthorized exercise of sovereign power by the Supreme Court. Wheeler v. Board of Trustees, 200 Ga. 323, 37 S.E.2d 322 (1946).

constitutional convention and to pre-Vote of the people essential.

With respect to ratification of the Constitution proposed by the convention, a vote of the people approving revision is essential. 1967 Op. Att’y Gen. No. 67-269. tional convention by the people rather than any other body is a prerequisite to a legal or constitutional as opposed to irregular, extra-legal, or revolutionary convention. 1967 Op. Att’y Gen. No. 67-269. Product of an illegally called or mately become valid as fundamental law through adoption by the electoral body, according to forms of existing laws or even by acquiescence of the sovereign society. 1967 Op. Att’y Gen. No. 67-269. Approval by people ultimate test

Election of delegates to a constituconducted convention may ultifor Constitution.

While many practical obstacles exist where a Constitution is drafted by an irregular, extra-legal or revolutionary convention, in the event an irregularly drafted Constitution did manage to see itself placed on the ballot and ratified by the people, it would be valid whether or not the procedures set forth in the prior Constitution were followed; the ultimate test is whether the proposed Constitution is approved by the people as sovereign. 1967 Op. Att’y Gen. No. 67-269.

Am. Jur. 2d.

16 Am. Jur. 2d, Constitutional Law, § 95 et seq.

C.J.S.

16 C.J.S., Constitutional Law, § 43 et seq.

ALR.

Applicability of constitutional requirements as to legislation or constitutional amendments, to statutes or constitutional amendments under provision conferring initiative or referendum powers, 62 ALR 1349. Capacity of taxpayers to maintain suit to enjoin submission of initiative, referendum, or recall measure to voters, 6 ALR2d 557. Injunctive relief against submission of constitutional amendment, statute, municipal charter, or municipal ordinance, on ground that proposed action would be unconstitutional, 19 ALR2d 519. Power of legislative body to amend, repeal, or abrogate initiative or referendum measure, or to enact measure defeated on referendum, 33 ALR2d 1118.