| Abstract [eng] |
Significance of Constitutional Principles in the Jurisprudence of the Constitutional Court of Lithuania This master's thesis analyzes the significance of constitutional principles in the jurisprudence of the Constitutional Court. In revealing the relevance of this topic, the doctrine of Lithuanian science and the jurisprudence of the Constitutional Court are examined. The concept and significance of the principle of law and the constitutional principle are analyzed in the master 's thesis. Rulings of the Constitutional Court in the context of constitutional principles are also reviewed. The master's thesis examines the constitutional principles that have become a criterion for the study of constitutionality in the jurisprudence of the Constitutional Court. The principles of law are understood as the basic provisions of the legal system. The constitutional principles are characterized by the fact that the entire Lithuanian legal system is based on them. Since the beginning of its work, the Constitutional Court has not established in its rulings a contradiction with the constitutional principle. However, over time, the jurisprudence of the Constitutional Court shows a radically different approach to constitutional principles. It is observed in the jurisprudence of the Constitutional Court that only after some time the disputed contradiction of legal regulation was established to the constitutional principle. In this regard, the Constitutional Court began to rely more and more frequently in its jurisprudence on constitutional principles, which became a criterion for the examination of constitutionality. There are six constitutional principles that have become a criterion for the study of constitutionality, i. y. - the rule of law, justice, the separation of powers, responsible governance, the supremacy of the Constitution and legitimate expectations. One of the most frequently observed principles in the jurisprudence of the Constitutional Court is the principle of the rule of law, which is so broad that it sometimes includes even other constitutional principles. The Constitution is understood as an integral act with all norms and principles. |
