| Abstract [eng] |
This master thesis provides analyses the individual constitutional general legal principles – justice and legality – based on legal doctrine, normative legal acts and constitutional jurisprudence. The principle of justice is analysed considering its dual nature, which includes a philosophical (moral) and a legal (material) conceptual meaning. The principle of justice is recognised in the Lithuanian legal system as a goal of law, a social value that permeates the entire legal system and legal regulation. The principle of legality most widely is understood in terms of its formal elements, such as the requirement for all legal subjects to properly comply with the requirements of the established law, not to violate the limits of their competence, and to ensure a proper hierarchy of the legal system. Having defined the concepts of justice and legality, the relationship between these legal principles in the Lithuanian legal system is compared. Both principles are constitutional principles of law, which means that they must be combined to ensure a proper achievement of the constitutional objectives of law, the protection of human rights and freedoms, and they both guide and shape the entire legal system. Moreover, justice and legality are both important elements of the rule of law. The problematic nature of the relationship between these legal principles is revealed through the issue of the administration of justice by the courts in interpreting the provisions of Article 109 of the Constitution of the Lithuanian Republic. The academic literature points out that the vagueness and broad nature of legal principles can threaten the clarity and predictability of law. Given that constitutional principles operate within a unified framework and must not contradict each other, it is necessary to ensure a balance between justice and legality throughout the entire legal system, both in the spheres of legal regulation and judicial decision-making. |
