Abstract [eng] |
Constitutional Court‘s Influence to Legislation in Lithuania This master paper „Constitutional Court‘s Influence to Legislation in Lithuania“ is dedicated to analysis of Constitutional Court‘s participation in legislation procedure. In Lithuania as well as in other democratic countries it is important to ensure proper constitutional control in order to safeguard essential human rights and freedoms, constitutional regulation of the most important social relationship. In the Republic of Lithuania the constitutional control is perforemd by the Constitutional Court. In Lithuania the system of the institutional authority is based on the partition of powers. Every link of the authority system performs the functions which are assigned to it. In contemporary democratic states judicial authority acts as separate state authority independently from the legislative or the executive. Therefore this master paper raises a question how (if at all) the Constitutional Court influence the legislation. The Constitutional Court‘s functions, purposes, competence, its limits shall be seeked to be revealed herein while analysing relevant rulings of the Constitutional Court, actions of the Parliament of the Republic of Lithuania (legal acts adopted), interdependence shall be seeked to be identified, i.e. whether Constitutional Court influences the legislation. The statistical data on the rulings adopted by the Constitutional Court and the ammendments of the laws adopted by the Parliament of the Republic of Lithuania shall be provided. First part of the paper is introduction. The second part analyses the competence of the Constitutional Court, its composition, order of constitution; the procedure of legislation and its association to Constitutional Court, what influence to legislation is made by the Constitutional Court is also discussed therein. The place of the Constitutional Court in the system of the partition of powers shall be also discussed. The third part provides statistic data of the Constitutional Court and the Parliament during period from year 2005 to 2008, discusses specific rulings of the Constitutional Court and their influence to legislation. Finally the conclusions are provided. |