The concept of constitutional laws: theoretical aspects
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Abstract
The concept of constitutional laws is employed in various provisions of the Constitution. Paragraph 3 (wording of 23 January 2003) of Article 47 of the Constitution establishes that in the Republic of Lithuania foreign entities may acquire ownership of land, internal waters and forests according to a constitutional law. Paragraph 3 of Article 69 of the Constitution provides that “Constitutional laws of the Republic of Lithuania shall be adopted if more than half of all the Members of the Seimas vote in favour thereof and they shall be altered by a not less than a 3/5 majority vote of all the Members of the Seimas. The Seimas shall establish the list of constitutional laws by a 3/5 majority vote of the Members of the Seimas.” Under Paragraph 2 of Article 72 of the Constitution, a constitutional law reconsidered by the Seimas shall be deemed adopted provided the amendments and supplements submitted by the President of the Republic were adopted or if not less than 3/5 of all the Members of the Seimas voted for the law. Article 150 of the Constitution provides that the constituent part of the Constitution of the Republic of Lithuania shall be: 1) The Constitutional Law “On the State of Lithuania” of 11 February 1991; 2) The Constitutional Act “On the Non-Alignment of the Republic of Lithuania to Post-Soviet Eastern Unions” of 8 June 1992; 3) The Law “On the Procedure for Entry into Force of the Constitution of the Republic of Lithuania” of 25 October 1992; 4) The Constitutional Act “On Membership of the Republic of Lithuania in the European Union” of 13 July 2004.
In the legal scientific literature there are differing opinions as to what laws are constitutional ones, what their nature and purpose are, what their legal power is, by what qualified majority they can be adopted and amended. Although the notion “constitutional law” is employed in Article 150 of the Constitution, as well as in Articles 69, 72, and 47 of the Constitution, these constitutional laws cannot be identified only because the same notion, i.e. that of the constitutional law, is employed to define the said laws. Since the constitutional laws specified in Article 150 of the Constitution is a constituent part of the Constitution, they have the power of the Constitution, they can be adopted or amended only under the procedure whereby amendments to the Constitution are made. The legal power of the constitutional laws mentioned in Paragraph 3 of Article 69, Paragraph 2 of Article 72, and Paragraph 3 of 47 of the Constitution is a different one, i.e. these laws are of lower power than the Constitution. In order to adopt or amend such constitutional laws, it is not the procedure for adoption or amendment of the Constitution, but the procedure consolidated in Paragraph 3 of Article 69 of the Constitution is applied, i.e. such constitutional laws shall be adopted if more than half of all the Members of the Seimas vote in favour thereof and they shall be altered by a not less than a 3/5 majority vote of all the Members of the Seimas. From the standpoint of grouping of constitutional laws there are not any legal grounds to group the constitutional laws that are a constituent part of the Constitution side by side with those constitutional laws that are not a constituent part of the Constitution. The Seimas has not established yet the list of constitutional laws which is mentioned in Paragraph 3 of Article 63 of the Constitution. Under the Constitution, constitutional laws are: 1) the constitutional laws that are referred as such in the Constitution itself (until now such constitutional law has been indicated in Paragraph 3 of Article 47 of the Constitution); 2) the constitutional laws that will be entered into the list of constitutional laws; 3) the constitutional law whereby the list of constitutional laws is established. Both the constitutional laws which are named constitutional laws by the Constitution itself and the constitutional laws that will be entered into the list of constitutional laws are adopted and amended under the procedure established in Paragraph 3 of Article 63 of the Constitution— they are adopted if more than half of all Members of the Seimas vote for them and they are amended by a not less than a 3/5 majority vote of all the Members of the Seimas. The constitutional laws which are named constitutional laws by the Constitution itself and the constitutional laws that will be entered into the list of constitutional laws as well as the constitutional law whereby the list of constitutional laws is established are of lower legal power than the Constitution itself, however, the legal power of such constitutional laws is higher than ordinary laws; ordinary laws cannot be in conflict with constitutional laws.
In the legal scientific literature there are differing opinions as to what laws are constitutional ones, what their nature and purpose are, what their legal power is, by what qualified majority they can be adopted and amended. Although the notion “constitutional law” is employed in Article 150 of the Constitution, as well as in Articles 69, 72, and 47 of the Constitution, these constitutional laws cannot be identified only because the same notion, i.e. that of the constitutional law, is employed to define the said laws. Since the constitutional laws specified in Article 150 of the Constitution is a constituent part of the Constitution, they have the power of the Constitution, they can be adopted or amended only under the procedure whereby amendments to the Constitution are made. The legal power of the constitutional laws mentioned in Paragraph 3 of Article 69, Paragraph 2 of Article 72, and Paragraph 3 of 47 of the Constitution is a different one, i.e. these laws are of lower power than the Constitution. In order to adopt or amend such constitutional laws, it is not the procedure for adoption or amendment of the Constitution, but the procedure consolidated in Paragraph 3 of Article 69 of the Constitution is applied, i.e. such constitutional laws shall be adopted if more than half of all the Members of the Seimas vote in favour thereof and they shall be altered by a not less than a 3/5 majority vote of all the Members of the Seimas. From the standpoint of grouping of constitutional laws there are not any legal grounds to group the constitutional laws that are a constituent part of the Constitution side by side with those constitutional laws that are not a constituent part of the Constitution. The Seimas has not established yet the list of constitutional laws which is mentioned in Paragraph 3 of Article 63 of the Constitution. Under the Constitution, constitutional laws are: 1) the constitutional laws that are referred as such in the Constitution itself (until now such constitutional law has been indicated in Paragraph 3 of Article 47 of the Constitution); 2) the constitutional laws that will be entered into the list of constitutional laws; 3) the constitutional law whereby the list of constitutional laws is established. Both the constitutional laws which are named constitutional laws by the Constitution itself and the constitutional laws that will be entered into the list of constitutional laws are adopted and amended under the procedure established in Paragraph 3 of Article 63 of the Constitution— they are adopted if more than half of all Members of the Seimas vote for them and they are amended by a not less than a 3/5 majority vote of all the Members of the Seimas. The constitutional laws which are named constitutional laws by the Constitution itself and the constitutional laws that will be entered into the list of constitutional laws as well as the constitutional law whereby the list of constitutional laws is established are of lower legal power than the Constitution itself, however, the legal power of such constitutional laws is higher than ordinary laws; ordinary laws cannot be in conflict with constitutional laws.
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