| Abstract [eng] |
The master's thesis analyzes the features of the state and form of governance in the 1918- 1920 constitutional acts of Lithuania. The first part of the thesis examines the features of the state. It is determined that in order for a political organization existing in a certain territory to fall within the concept of a modern constitutional democratic state, we must assess whether it is built on the structural foundations of legal democratic government, consisting of the founding and established government, the written constitution and the functional breakdown of the established government, while keeping in mind and G. Jellinek's classical features of the state – territory, nation and government. The second part of thesis establishes that the form of state governance matter is closely related to the element of the political regime. Unlike monarchical, only democratic political regime can be expressed in presidential, mixed and parliamentary form of government. We cannot classify an undemocratic political regime in the context of a democratic form of governance, because it denies fundamental human rights and freedoms and discredit the principle of separation of powers. As for the republican form of governance, the principle of territorial structure and accountability of state bodies is important. The third part of thesis analyzes provisions of the 1918-1920 constitutional acts related to the attributes of the state and the form of the state and it is determined that in them we can find all three classical elements attributed to the state, i.e. nation, territory and public authority, built on the legal constitutional structure of democratic government, separating the constituent and established authorities in the written constitution and consolidating the functions of the established authority, we also find a consolidated democratic republican form of governance. |
