The Moral Values in the System of Constitutional Legal Relationships
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Abstract
Moral norms may play a key role in determining the conduct of the subject of constitutional legal relation.
In Anglo-Saxon countries moral values are a source of law and have the background in Decalogue (the USA, UK). No one challenges the universality and binding character of these norms on which court decisions are often based in these countries.
In civil law countries (Germany, Greece, Poland, etc) reference is often made to moral values as a supreme manifestation of justice. However, they do not provide a possibility to protect these values in court once they are violated.
The conduct of the subject of constitutional legal relation may transform to a constitutional custom. It is very important that the conduct of subject of constitutional legal relation would mirror the contents of moral maxim. The precedent of conduct, which is not based on that maxim would cause conflict in the future.
Moral norms are not a source of law in Lithuania. The preamble of the 1992 constitution of Lithuania argues that justice is a value to be attained.
Thus, moral norms as a source of law are recognized indirectly. The conduct of subjects of constitutional legal relation in Lithuania often rests on moral norms.
The subject of constitutional legal relation should follow the constitution and moral maxim. But this is only a thing to be attained.
In Anglo-Saxon countries moral values are a source of law and have the background in Decalogue (the USA, UK). No one challenges the universality and binding character of these norms on which court decisions are often based in these countries.
In civil law countries (Germany, Greece, Poland, etc) reference is often made to moral values as a supreme manifestation of justice. However, they do not provide a possibility to protect these values in court once they are violated.
The conduct of the subject of constitutional legal relation may transform to a constitutional custom. It is very important that the conduct of subject of constitutional legal relation would mirror the contents of moral maxim. The precedent of conduct, which is not based on that maxim would cause conflict in the future.
Moral norms are not a source of law in Lithuania. The preamble of the 1992 constitution of Lithuania argues that justice is a value to be attained.
Thus, moral norms as a source of law are recognized indirectly. The conduct of subjects of constitutional legal relation in Lithuania often rests on moral norms.
The subject of constitutional legal relation should follow the constitution and moral maxim. But this is only a thing to be attained.
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Please see Copyright and Licence Agreement for further details.
