Konstitucinė justicija ir demokratija: keletas sąveikos problemų

Abstract

The author analyses the influence of the Constitutional Court on a system of democratic governance. The Constitutional Court is usually treated an institution, which exercises control over the administrative power and attempts to protect a person from unjustified interference in his rights as well as to maintain the balance of the institutions of administration. The power of the Constitutional Court lies in its right to interpret the Constitution. Nowadays everybody acknowledges that the constitutional justice is a necessary element of the constitutional democracy when actions of the administrative power are supervised in regard to their conformity with the Constitution, which is the most important legal act of civil society’s life. Nonetheless, assessors of the Constitutional Court’s activity are constantly debating on issues as: how wide is Constitutional Court’s discretion to interpret the text of the Constitution? Don’t the justices of the Constitutional Court attempt to replace the Constitution, which was approved by the Nation, with their own Constitution; is such evolution of the Constitution, in itself, constitutional? It is therefore necessary to make clear exactly which conception of democracy has proved compatible with the existence of a constitutional justice. The science of constitutional law has to explain the essence of this phenomenon as well as limits of the power of the Constitutional Court to interpret the Constitution.