Active Constitutional Jurisprudence as a Method to influence Legal Issues
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Abstract
The terms “Judicial restraint" and “Judicial activism" often used in the Western legal literature ideally fits for describing the activity of the Constitutional Court in two periods: 1993-2000 and 2000 - until today. The activism of the Constitutional Court is seen in the original and independent interpretation and implementation of these Constitutional norms: 1) on the competence of municipal representative and executive institutions, fictive responsibility for municipal representatives (members of executive institutions can not be municipal representatives at the same time) and prohibition for Parliament member to be municipal representative at the same time (Ruling of 24 December 2002); 2) on the poverty which used to be possessed by state trade unions (Ruling of 30 September 2003); 3) on the decrease of judges' salaries, state pensions of officials and servicemen (depending on does the retired official work or not) and refusal to give presidential pension for the chairman of the first (1990-1992) independent Parliament (Rulings of 12 July 2001, 19 June 2002, 25 November 2002, 4 July 2003); 4) on the lack of regulation of vocations of the Parliament members, prohibition of their pedagogical activity (Ruling of 1 July 2004); 5) on the power for the Minister of Justice to interfere with the activities of courts (unconstitutional is reconised the proposal of the Minister of Justice for the President of the Republic of Lithuania regarding appointment of judges and regarding appointment of judges to the Court of Honour of Judges), on the activity of the Council of Judges (Rulings of 21 December 1999 and 9 May 2006); 6) on the dismissal of the Prosecutor General and protection of his legitimate expectations (Ruling og 24 January 2003).
These rulings have provoked negative emotions among politicians. But before providing that in the beginning of 2000 the Constitutional Court started to be political institution it is useful to analise definition of "politics" and the relationship between "politics" and "social politics", "politics of punishment" or "discretion of court".
These rulings have provoked negative emotions among politicians. But before providing that in the beginning of 2000 the Constitutional Court started to be political institution it is useful to analise definition of "politics" and the relationship between "politics" and "social politics", "politics of punishment" or "discretion of court".
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