Konstitucijos dvasia

Abstract

The article deals with the concept of the constitution which is analyzed on the basis of distinction between the normative and the descriptive methods. It is asserted that „the constitutional minimum“ consists solely of power organization relations, while indication, in the general definition of the constitution, of all other elements of the contents of constitutions (including the human rights catalogue), although universally spread, is based on the descriptive method. Such approach when both normative and descriptive methods are used for defining the constitution reveals the misunderstanding of the difference between the concepts of constitution and constitutionalization: the constitutionalization of law is treated as a one-way development which amounts to the penetration of constitutional standards into ordinary law. However, the constitution itself is a result of the constitutionalization of law, as in this process provisions of various branches of law are escalated to the constitutional level. The constitution, first and foremost, is a set of fundamental principles. The latter safeguard constitution’s both „existential conditions“ - its stability and dynamism. Extending interpretation of the constitutional principles assures the primacy of the spirit of the constitution against its letter.