| Abstract [eng] |
SUMMARY IMPEACHMENT OF THE PRESIDENT OF THE REPUBLIC: A COMPARATIVE STUDY The subject of the master thesis is the process of the impeachment of the President of the Republic as a constitutional measure of national self-defence against the infringement on democratic and legal values by the head of the state. Based on the comparative research, the master thesis aims at systematically assessing and revealing the theoretical, practical, legal and political aspects of the constitutional institute of presidential impeachment bearing particular relevance to the political and legal system, demonstrating its advantages and considering the problematic aspects of the impeachment by analysing concrete precedents. The master thesis has the following tasks: 1. To discuss the reasons of origin and the evolutionary developments of the impeachment institute abroad and in Lithuania; 2. To define the concept and conceptual differences of the impeachment institute; 3. To analyse the organisational models of the impeachment institute; 4. To consider the precedents of the impeachment process by pointing out the strong sides of the impeachment institute and by analysing its problematic aspects; 5. To compare the legal regulation of the Lithuanian and foreign impeachment processes; 6. To describe the influence of the impeachment process on the functioning of the rule of law and the democratic society. The master thesis employs the following research methods: 1. Analysis of scientific references applying methods of comparison, abstraction and generalisation; 2. Document analysis applying methods of comparison, analogy, synthesis and systematic analysis. The master thesis compares and assesses political, historical and legal preconditions for the origination of the impeachment institute abroad and in Lithuania, points out the aspects unifying the impeachment concepts and determining their diversity, as well as identifies the unique elements of the organisational model of the presidential impeachment institute revealing and highlighting the features of the impeachment as a self-defence measure for the rule of law and the democratic state; the systematic assessment of the impeachment process demonstrates the constitutional importance and uniqueness of the institute as well as its distinctiveness from other ways to establish liability. The master thesis provides for the systematic assessment of the presidential impeachment process reflecting the relationship between theoretical and practical elements of the impeachment process, starting with its initiation and ending with aggregate legal and political consequences. The matrix principle is employed for drawing up the tables showing the whole spectrum of presidential impeachment models of different states starting with the reasons of impeachment and ending with the commonality/uniqueness of the content of a sanction. |
