The Issue of Genesis of the Institution of the President of the Republic of Lithuania in the Constitutional Process of 1990-1992
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Abstract
The issue of genesis of the institution of thePresident of the Republic of Lithuania in the constitutional process of 1990-1992 was one the main actualities in the period of the restoration of independence of the Republic of Lithuania and subsequently during the construction of the institutional system of the state of Lithuania.
The exceptional phenomenon of this process was the emergence of the political and legal polemic on the leader of the state as early as in 1988-1990 when the Soviet Constitution was still valid. These speculations were encouraged by the spread of ideas about the prequisites of restoring the independent democratic Republic of Lithuania during the period of national Revival as well as by the political processes in Eastern and Central Europe.
The nature of the issue of the restoration of the constitutional institution of the leader gained an essentially new political legal content when on March 11, 1990 the independent democratic Republic of Lithuania was restored and the Provisional Basic Law (the temporary Constitution of the Republic of Lithuania) the was adopted. In 1990-1992 the content of the constitutional process was preconditioned by a new political legal reality whose main accent was the issue of the future constitutional structure of the Republic of Lithuania, the relationship between state institutions, their competence, etc.
The process of the restoration of the institution of the President of the Republic of Lithuania during the period when the Provisional Basic Law was in force was complicated as the discussions concerning this issue went on under acute political confrontation.
While developing the content of the constitutional status of the President of the Republic, one should have to take some aspects of this activity into account. First of all, the place of the President of the Republic in the constitutional system of state institutions was projected in many constitutional drafts that were prepared and published in 1990-1992. Their provisions expressed various points of view concerning the definition of the future head of state, his constitutional status, competence, relations with the legislative and executive power, etc.
In the process of the restoration of the institution of the President of the Republic of Lithuania, one has particularly to point out the activities of the Lithuanian "Sąjūdis" and other political organisations while striving to immediately bring back the office of the head of state into the Lithuanian constitutional system and to determine his powers.
Although these suggestions and actions complicated the constitutional process, however, it is obvious that the aspiration of political powers to immediately restore the office of the head of state within the framework of the Provisional Basic Law stimulated drafting the Constitution more intensively and accelerated this process.
The exceptional phenomenon of this process was the emergence of the political and legal polemic on the leader of the state as early as in 1988-1990 when the Soviet Constitution was still valid. These speculations were encouraged by the spread of ideas about the prequisites of restoring the independent democratic Republic of Lithuania during the period of national Revival as well as by the political processes in Eastern and Central Europe.
The nature of the issue of the restoration of the constitutional institution of the leader gained an essentially new political legal content when on March 11, 1990 the independent democratic Republic of Lithuania was restored and the Provisional Basic Law (the temporary Constitution of the Republic of Lithuania) the was adopted. In 1990-1992 the content of the constitutional process was preconditioned by a new political legal reality whose main accent was the issue of the future constitutional structure of the Republic of Lithuania, the relationship between state institutions, their competence, etc.
The process of the restoration of the institution of the President of the Republic of Lithuania during the period when the Provisional Basic Law was in force was complicated as the discussions concerning this issue went on under acute political confrontation.
While developing the content of the constitutional status of the President of the Republic, one should have to take some aspects of this activity into account. First of all, the place of the President of the Republic in the constitutional system of state institutions was projected in many constitutional drafts that were prepared and published in 1990-1992. Their provisions expressed various points of view concerning the definition of the future head of state, his constitutional status, competence, relations with the legislative and executive power, etc.
In the process of the restoration of the institution of the President of the Republic of Lithuania, one has particularly to point out the activities of the Lithuanian "Sąjūdis" and other political organisations while striving to immediately bring back the office of the head of state into the Lithuanian constitutional system and to determine his powers.
Although these suggestions and actions complicated the constitutional process, however, it is obvious that the aspiration of political powers to immediately restore the office of the head of state within the framework of the Provisional Basic Law stimulated drafting the Constitution more intensively and accelerated this process.
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Please see Copyright and Licence Agreement for further details.
