Aukščiausioji ir ordinarinė teisė: požiūrio į konstituciją pokyčiai

Abstract

The article deals with the questions of place and significance of the Constitution in the system of legal regulation. The notion of „constitution-centric” legal system which is founded upon original highest Law (i. e. Constitution) is based on the functioning of the institution of constitutional control carried out by specific entity. Two spheres of Law may be discerned within such legal system. The first sphere is the highest Law, which is the Constitution. All the rest of the Law must be consistent with the highest Law, since the Constitution is index by which the constitutionality of legal regulation has to be measured. The second sphere is the ordinary Law. It is certain constellation of the provisions of a variety of fields of law. These provisions are found in the statutes, executive acts and other sources of law s well. Such discernment determines certain requirements for legal interpretation. The Constitution, i.e. the index of legality, can be interpreted only looking at it as well-composed system of principles and norms. The Constitution is Law par excellence and ideal Law from the point of view of the national legal system.
The statutes or executive acts which all make up an ordinary Law must be measured by their. In this case all legally significant aspects of this ordinary regulation have to be exposed.