Parlamentinės kontrolės modelis ir jo įtvirtinimo ypatumai Jungtinėse Amerikos Valstijose: doktrininis ir praktinis požiūriai

Abstract

The article analyses the consolidation of parliamentary control pattern and its development in the United States (hereinafter referred to as US). The competence of the Congress, which allows a thorough and efficient parliamentary control implementation, is unquestionable notwithstanding the absence of governmental institute, the President and its administration political responsibility against the Congress in the constitutional governance system of US, whereas provisions of the Congress are “silent” about controlling competence of the Congress. The Congress control was developed through parliamentary practice and was approved by the Supreme Court commenting on the Constitution and “designing” pattern of separation of powers.
It is universally recognized that the Congress control is one of the break and balance devices securing both, solid and effective execution of all functions of the Congress, especially legislation, and inter-balance of powers. However, referring to the doctrine, appearing in judgments of the Supreme Court, the function of the Congress control has its boundaries and the executed control is not absolute. Another significant restraint of functions of the Congress control is related to reception of information form executive power. Looking at American constitutional tradition and analyzing the content of break and balance system, the privilege of executive power is singled out. Because of the privilege executive power cannot refuse to subject the information to the Congress, thus not allowing examinations of the Congress “to prosper”. Hereby, parliamentary control as well as other break and balance devices (the President’s right of veto, impeachment etc.) secure the independency and equality of the President and the Congress.
The Congress, when executing the function of control with regards to the President and subsidiary institutions of executive power, may secure legislation and prevent from its illegal practice (to protect individual rights and freedoms). The Congress is the only group of jury people, which may “listen to harms of nation”.
Parliamentary control, privilege of executive power i.e. acting break and balance devices that do not allow violating independency of the President and the Congress, allow protecting power abuse. Although the growth of competence in such fields as legislation or formation and implementation of foreign policy leads to a doubt if the Congress and the President are equal partners, a question arises if T. Jefferson’s predicted faraway time of tyranny of executive power has already come.