Historic constitution: constitutional historic sources; Historic constitution: constitutional historic sources
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Historic constitution: constitutional historic sources;
Sanctus Bruno qui cognominatur Bonifacius archepiscopus et monachus XI. suæ conuersionis anno in confinio Rusciæ et Lituæ a paganis capite plexus
a product of two main draft-Constitutions:
February 16, 1918 Independence Act;
- C as supreme law or the rule of law itself;
Supremacy of constitution: special procedure of adoption and amendment, direct application, constitutional review;
Constitution as constituent act of sovereign;
1. Separation of 3 p. powers representing 3 sovereigns: legislature (people), executive (state) and judiciary (law);
Art. 5: In Lithuania, public power shall be executed by the Seimas, the President and the Government, and the Judiciary;
- Preamble of 1992 C: “Lithuanian Nation having created the State of Lithuania many centuries ago […] by the will of the citizens of the reborn Lithuanian State, adopts and proclaims this Constitution”;
universality, equality, secret ballot, independent electoral campaign;
- 1566 Lithuanian Statute – parliamentary and judicial elections;
Art. 4: The Nation shall execute its supreme sovereign power either directly or through its democratically elected representatives;
1566 L. Statute;
Vote of no confidence (for minister, PM and government) by majority of MPs;
Art. 5: In Lithuania, state public power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary;
- 1566 L.Statute and 1791 Constitution: two representatives from local adm. unite; Senate – ex officio nominations by monarch;
1990-1992 – Sąjūdis (centre-right);
- Human rights as constitutional value
XVIII century Enlightment era:
Personal constitutional rights: to life, personal freedom (habeas corpus), private life, property, freedom of speech and convictions, freedom of movement...
Art. 18. Human rights and freedoms should be natural (inborn).
- 1998 Constitutional court ruling: right life is an absolute right, a mistake might not be corrected, therefore capitol punishment violates;
Art. 19. Human right to life shall be protected by law.
Art. 33. Citizens shall have the right to participate in the governance of their State both directly and through their democratically elected representative.
Art. 23. Property shall be inviolable.
politea, civis, res publica, imperia, regnum, monarchy, state, federal state (lander), EU…
- Art.84: “President shall, in the event of an armed attack threatening the sovereignty of the State, adopt decisions concerning defence against the armed aggression […]”.
rule of law also means it’s priority over state;
- Art. 28: Implementing his rights, everyone must observe the Constitution and laws […].
Art. 118: The right to self-government shall be guaranteed to the administrative territorial units of the State, which are provided for by law;
Academy of Aristotle;
Art. 40: Schools of higher education shall be granted autonomy. The State shall supervise the activities of establishments of teaching and education.
Establishment or state church (UK, Greece);
Lithuanian constitutional principle of secular state (liet. pasaulietiškumas):
- Former communists’ draft – strong separation;
1. State shall recognise the churches and religious organisations that are traditional in Lithuania, whereas other churches and religious organisations shall be recognised provided that they have support in society and their teaching and practices are not in conflict with the law and public morals. 3. Churches and religious organisations shall be free to proclaim their teaching, perform their practices, and have houses of prayer, charity establishments, and schools for the training of the clergy. 5. The status of churches and other religious organisations in the State shall be established by agreement or by law. 7. There shall not be a State religion in Lithuania.
Roman Catholic church (80%);
Art. 40: Education in public schools shall be secular. At the request of parents, classes of religion schall be provided.
Donations from state budget (restitution);
Art. 5-C: In Lithuania public power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary:
Commander in chief;
- Legislative initiative (about 5% of bills);
Members of Cabinet of ministers (PM Vagnorius in 1999 and FA minister Ušackas in 2010);
on behalf of his former private company has used some pressure to take possession of other company shares;
Double status of head of state in your constitution?;
Constitutional Court has double nature:
“C. Court” – in majority cases;
Real place depends very much on the real authority it succeeded to grow up during its existence:
As a rule, some part of judges of constitutional court are appointed from university professors
For life (Austria, Belgium, Turkey);
So called “mixed” procedure:
Georgia ~ 45
- Belgium, Kazakhstan and Azerbaijan: 1
90’s – Central Eastern Europe;
Hans Kelsen’s model: a posteriori constitutional-judicial review of parliamentary statutes initiated by ordinary courts together with abstract review:
Nominations, composition and term of office;
The Constitutional Court shall consist of 9 justices, each appointed for a single nine-year term of office. Every three years, one-third of the Constitutional Court shall be reconstituted. The Seimas shall appoint candidates … submitted by the President of the Republic, the Speaker of the Seimas, and the Chief justice of the Supreme Court.
The Government, not less than 1/5 of all the Members of the Seimas, and courts shall have the right to apply to the Constitutional Court…
The Constitutional Court shall consider constitutionality of legislation, acts of President and Government.
- Considers whether the laws are in conflict with Constitution;
PPP: describe double status of Constitutional Court as reflected in your Constitution
3 elements of national state (under international and constitutional law):
Rule of law: EU law primacy clause and EU as quasi-federal state);
1. Rule of law: European supremacy clause -
2. Rule of law – European Union as new co-sovereign:
2. (European) Parliamentarism clause –
Preamble of 2004 Constitutional act on Lithuania’s membership in the EU:
PPP: European integration as reflected in your Constitution in the light of three constitutional values
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