| Abstract [eng] |
The dissertation systematically analyzes the preconditions for optimising the existing constitutional justice model, i.e. whether the current model meets the expectations of Lithuanian society and the legal community, corresponds to the capabilities of the legal system, and is in line with the tendencies of constitutional justice in European states, identifies the problematic aspects of the existing constitutional justice model and brings forward proposals regarding how the legal regulation consolidating the constitutional justice model (in particular, its procedural part) could be improved in Lithuania. The research part of the work is subdivided into three parts. The first of these parts analyses the course of the formation, consolidation and spread of constitutional justice, examines the typology of constitutional justice, identifies the place of constitutional justice institutions in the system of the separation of powers, and considers the functions of constitutional justice and the challenges faced by constitutional justice; this part also examines the initiatives and preconditions for establishing constitutional justice in Lithuania prior to the enactment of the Constitution in 1992, as well as deals with the choice of the constitutional justice model in 1992–1993 and its development from 1993 to 2016. The second part discloses the concept of constitutional justice procedure and determines the place of provisions regulating constitutional justice procedure in the legal system, identifies particular types of proceedings conduced under constitutional justice procedure, as well as distinguishes the procedural elements specific to each type of these proceedings and the elements that are common to more than one type of the identified proceedings. The third part consistently discusses the objects, subjects and consequences of the different identified constitutional justice proceedings and the procedural elements specific to particular types of proceedings conducted under constitutional justice procedure. |
