Konstitucijos interpretavimo principai ir ribos

Abstract

Interpretation of the Constitution is determined by various factors, and one of them is the conception of the Constitution itself. The Constitution is composed of norms and principles, as well as the doctrine of the Constitutional Court, revealing the content of constitutional norms and principles and the values that are entrenched in the Constitution. Although the legal regulation established in the Constitution always has a certain linguistic expression, however the Constitution is not only the text but also the legal norms consolidated in it. The Constitution is also the deep, fundamental values which can lack particular textual expression, but which are derived from (which are reflected by) the constitutional norms and constitutional principles that are derived from the entirety of the whole constitutional regulation. The Constitution has not only its letter, but also its spirit. It is reflected by the text of the Constitution and constitutional principles. Therefore, it is impermissible to construe nor apply the text and the letter of the Constitution so that the principles and the spirit of the Constitution would be denied, that the fundamental, deep meaning of the Constitution, as an act consolidating and protecting the most important values of the Nation, and drawing guidelines to the entire legal system, would be denied. There cannot be and there is not any contradiction between constitutional norms and constitutional principles; it is the constitutional principles that organise all provisions of the Constitution into a harmonious system and that do not permit any internal contradiction within the Constitution, nor any such its interpretation which might distort or deny the meaning of a certain provision of the Constitution. The genuine content of the constitutional regulation may be revealed only when one analyses the constitutional norms within the context of constitutional principles. The constitutional principles determine and decide the interpretation of the Constitution. All the text of the Constitution without exception, all the norms and principles of the Constitution have the same legal power. However, the normative content (charge) of the constitutional principles is much bigger. The Preamble to the Constitution has also its normative charge. When one comprehends the Constitution as the entirety of the legal norms and principles that are consolidated in it as an indivisible and harmonious system, in which all the provisions are coordinated with each other and between which there is a balance, one is to hold that the Constitution contains no gaps and that there are no contradictions between individual provisions of the Constitution. It is not permitted to interpret principles and norms of the Constitution by denying the essence of the other principles and norms. The Constitution must be interpreted only on its own grounds, its logic, relations and interaction of its norms and principles, and the overall constitutional regulation. It is impermissible to interpret the content of the norms and principles and of the constitutional regulation by referring to laws or other legal acts, purportedly particularising the Constitution, since in that case the supremacy of the Constitution in the legal system would be denied. The Constitution is to be interpreted so that constitutionalism might be guaranteed. The priority of human rights and freedoms, private ownership, as well as freedom of economic activity, which are consolidated in the Constitution, imply a liberalist organisation of the society; alongside, this ought to imply a respective “stance“ of the interpreters of the Constitution, i.e. the Constitutional Court, in the course of interpretation of the Constitution and ensuring constitutionalism. The Constitution has to be interpreted so that it might be adjusted to the changing needs of the society. This can be done only by interpreting the Constitution, especially the constitutional principles, in an expansive manner. By interpreting the Constitution, the Constitutional Court alongside “creates“ the Constitution. However, it does not mean that the Constitutional Court has replaced the legislator. The Constitutional Court derives a model of certain constitutional legal regulation from the norms and principles of the Constitution, which permits the subjects of constitutional relations to act (to establish such a legal regulation), so that this would be in line with the Constitution. The conception of provisions of the Constitution which is presented in Constitutional Court rulings are binding to the state institutions, i.e. the Seimas, the President of the Republic and the Government, which pass laws and other legal acts. The non-implementation and disregard of the conception of provisions of the Constitution, which was presented by the Constitutional Court, virtually means (becomes) violation of the Constitution. When one interprets the Constitution, one may not distort or deny the fundamental provisions upon which the entire Constitution is based. The doctrine formed by the Constitutional Court (in its wider meaning – as the entirety of constitutional doctrines as regards various issues) must be integral in all its parts, and here no internal contradictions are allowed. The Constitution may be interpreted on the basis of constitutional arguments (reasons) only; it cannot be interpreted on the grounds of political, expediency, rational or any other similar reasons. The Constitution must be interpreted continually, since there is as much Constitution as there is its interpretation.