Parliamentary Control and the Problems of Implementation of the Principle of Separation of Powers in Lithuania
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Abstract
Analyzing the essence of parliamentary control, we give thought to, if the content of the concept of parliamentary control corresponds to the main function of Parliament as legislative power and the principle of separation of powers. Or maybe it is possible to use another concept, which could reveal absolute absence of subordination between the legislative and executive powers and by this way to secure legal virtues.
The authors of this article analyze the essence of the concepts of supervision and control and their connection with the principal of separation of powers, determine distinctive features of supervision and control. Also by the method of document analysis examine the use of these concepts in the legal acts of the Republic of Lithuania. The authors determine the concepts of supervision, control and parliamentary control.
They also emphasize the main function of Seimas, as legislative power, it means to legislate, and determine the fluxion function, it means to supervise, how the institutions of executive power implement its enactments.
The lecturers came to the conclusion that parliamentary control cannot duplicate other public powers. Moreover, one power cannot dominate; otherwise the principal of separation of powers will be offend as the main principal of organization and activity of democratic public power. It has to be used one concept in the legal acts of the Republic of Lithuania – the authors of this article recommend to use the concept of “supervision”.
The authors also recommend to define clearly the meaning of “questions of exclusive public importance” in the enactments, they emphasize the main and fluxion functions of Seimas.
The authors of this article analyze the essence of the concepts of supervision and control and their connection with the principal of separation of powers, determine distinctive features of supervision and control. Also by the method of document analysis examine the use of these concepts in the legal acts of the Republic of Lithuania. The authors determine the concepts of supervision, control and parliamentary control.
They also emphasize the main function of Seimas, as legislative power, it means to legislate, and determine the fluxion function, it means to supervise, how the institutions of executive power implement its enactments.
The lecturers came to the conclusion that parliamentary control cannot duplicate other public powers. Moreover, one power cannot dominate; otherwise the principal of separation of powers will be offend as the main principal of organization and activity of democratic public power. It has to be used one concept in the legal acts of the Republic of Lithuania – the authors of this article recommend to use the concept of “supervision”.
The authors also recommend to define clearly the meaning of “questions of exclusive public importance” in the enactments, they emphasize the main and fluxion functions of Seimas.
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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.