The Concept of Statute
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Abstract
Under the Constitution of the Republic of Lithuania a law (statute) is a universal mean to ensure the implementation of the constitutional principle of the equality of individuals (as courts and other state institutions as well as officials are not sovereign and obey exceptionally the laws).
It is not possible to ensure the equality of individuals if decisions made in each individual case are not based on clear rules of general character. This is determined not only by a possibility of abuse of office by institutions and officials who have wide powers unrestricted by general rules but also by absence of an objective equality standard. Pursuant to the Constitution, all individuals are (must be) equal before the law and the rules of general character can ensure the equality. Only the rules of general character can be set forth in a law. Exceptions must be envisaged by the Constitution, for example, approving the state budget drawn up of the norms of individual character.
All the primary (establishing original rights and duties) standards of law must be consolidated in laws. This means that even laws cannot envisage the rules of individual character that are not based on the rules of general character.
As legality of laws is assessed according to their conformity with the Constitution, in Lithuania laws do not have the typical aspect of the supreme legal power. They can only have the specific legal power attributed to them.
Taking into consideration the analysis of the features of law carried out in the thesis, a law of the Republic of Lithuania is defined as follows: (1) the Seimas or the nation – (2) enacted laws pursuant to the special procedure envisaged by the Constitution and the laws, (3) that are in line with the Constitution; (4) a law is an official written document (5) expressing the lawmakers’ will (6) to set primary rules (7) that hold a specific legal power and (8) general rules of behaviour (9) sanctioned with the state control.
It is not possible to ensure the equality of individuals if decisions made in each individual case are not based on clear rules of general character. This is determined not only by a possibility of abuse of office by institutions and officials who have wide powers unrestricted by general rules but also by absence of an objective equality standard. Pursuant to the Constitution, all individuals are (must be) equal before the law and the rules of general character can ensure the equality. Only the rules of general character can be set forth in a law. Exceptions must be envisaged by the Constitution, for example, approving the state budget drawn up of the norms of individual character.
All the primary (establishing original rights and duties) standards of law must be consolidated in laws. This means that even laws cannot envisage the rules of individual character that are not based on the rules of general character.
As legality of laws is assessed according to their conformity with the Constitution, in Lithuania laws do not have the typical aspect of the supreme legal power. They can only have the specific legal power attributed to them.
Taking into consideration the analysis of the features of law carried out in the thesis, a law of the Republic of Lithuania is defined as follows: (1) the Seimas or the nation – (2) enacted laws pursuant to the special procedure envisaged by the Constitution and the laws, (3) that are in line with the Constitution; (4) a law is an official written document (5) expressing the lawmakers’ will (6) to set primary rules (7) that hold a specific legal power and (8) general rules of behaviour (9) sanctioned with the state control.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
