Abstract [eng] |
The master's thesis analyzes the problem of implementing the principle of separation of powers in interwar Lithuania. The effective functioning of the principle of separation of powers is the main prerequisite for ensuring the implementation of the ideals of national sovereignty and government accountability to the people. The study found that during the Grand Duchy of Lithuania, separate elements of the principle of separation of powers existed and actively developed, which were aimed at limiting the powers of the Grand Duke and ensuring the protection of the political and class rights of the nobility. Unfortunately, when Lithuania lost its statehood, this tradition was interrupted. The program for restoring statehood was based on values characteristic of modern industrial states. They were manifested in the adoption of a written Constitution, democratic elections and the protection of human rights. The constitutions established a system of separation of powers, in which there was a legislative body (Seimas), an Executive branch of government consisting of the President and the Cabinet of Ministers and the Courts. This model was not fully implemented - the Seimas dominated the political spectrum, the judicial system was only being formed, and the functions and role of the President were unclear. Motivated by the danger to the state, the activities of the Seimas were curtailed, and the legislative function was transferred to the Cabinet of Ministers. It is necessary to state that the most important reasons for the 1926 coup are related to the inability of the nationalists to win democratic elections and the growing dissatisfaction with civilian government among the military. The democratic government did not take any steps to defend democratic principles and even allowed the fact of the coup to be legalized in the Seimas. The nationalists managed to consolidate power quite well by legitimizing the coup with the sluggish reaction of the public. While the government was not strong, a new version of the Constitution was adopted in 1928, which preserved the basic principles of a democratic state, but left the possibility for the Government to adopt temporary laws between Seimas sessions. Later, the ideological role of the coup was increasingly exalted until finally in 1938. With the adoption of the new version of the Constitution, any provisions of democratic governance and, at the same time, the principle of separation of powers were dismantled. The text of the Constitution no longer calls the state democratic, emphasizes the ideal of unity of power, and emphasizes the primacy of the President over other branches of government. The Seimas was even deprived of the right of legislative initiative, leaving only the possibility of considering draft laws submitted by the Government. |