The principle of legality in the practice of the Supreme administrative court of Lithuania as a precondition of implementation of justice
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Abstract
The first part of the article shortly introduces the concept of the principle of legality. Legality demands that all state institutions, officials, enterprises, organizations and citizens should strictly follow orders of the Constitution and laws, all decisions must be based on laws. The laws of the Republic of Lithuania indicate only an abstract demand that all subjects should follow the orders of the principle of legality. So in our opinion the best way to find out how this principle influences the implementation of justice is by analyzing the practice of the Supreme administrative court of Lithuania. The principle of legality in this court practice reveals itself in three aspects:
1) When the Supreme administrative court of Lithuania hears cases under its competence;
2) When the court hears the appeals and checks decisions of lower courts;
3) During the renewal of process.
Further on, article deals with practice of Supreme administrative court of Lithuania. The Supreme administrative court of Lithuania noted that, if a decision is illegal and unfounded, the court that passed a decision had violated Constitution and court’s main function (implementation of justice).
By analyzing different administrative cases which were examined by the Supreme administrative court of Lithuania the author marked out the requirements that rise from the principle of legality and the influence of these requirements to just decision, also the connection of principle of legality and other legal principals. Principle of legality requires that all court decisions should be based with proper process and material legal norms. Only motivated and well-founded decisions can be held just. Decision must correspond to arguments and motives that are discussed in dicta part of a decision. Judges must evaluate all evidence according to their inner conviction based on a scrupulous and objective review of all the circumstances of the case in accordance with the law, sense and justice requirements. It is clearly seen that between requirements of principle of legality and inner conviction of a judge is a close connection, they are influencing one another. There are some cases when courts of lower instance do not investigate all evidence concerning the case, and do not motivate their decisions properly, it means that they are formally illegal, but these decisions are held just by a court of higher instance. The Supreme administrative court checks these decisions and corrects mistakes of lower instance courts.
Requirements of principle of legality do direct influence on the implementation of justice and stability of legal relations.
1) When the Supreme administrative court of Lithuania hears cases under its competence;
2) When the court hears the appeals and checks decisions of lower courts;
3) During the renewal of process.
Further on, article deals with practice of Supreme administrative court of Lithuania. The Supreme administrative court of Lithuania noted that, if a decision is illegal and unfounded, the court that passed a decision had violated Constitution and court’s main function (implementation of justice).
By analyzing different administrative cases which were examined by the Supreme administrative court of Lithuania the author marked out the requirements that rise from the principle of legality and the influence of these requirements to just decision, also the connection of principle of legality and other legal principals. Principle of legality requires that all court decisions should be based with proper process and material legal norms. Only motivated and well-founded decisions can be held just. Decision must correspond to arguments and motives that are discussed in dicta part of a decision. Judges must evaluate all evidence according to their inner conviction based on a scrupulous and objective review of all the circumstances of the case in accordance with the law, sense and justice requirements. It is clearly seen that between requirements of principle of legality and inner conviction of a judge is a close connection, they are influencing one another. There are some cases when courts of lower instance do not investigate all evidence concerning the case, and do not motivate their decisions properly, it means that they are formally illegal, but these decisions are held just by a court of higher instance. The Supreme administrative court checks these decisions and corrects mistakes of lower instance courts.
Requirements of principle of legality do direct influence on the implementation of justice and stability of legal relations.
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Articles
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Please see Copyright and Licence Agreement for further details.
