Acts of the Constitutional Court in the System of Legal Sources
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Abstract
In the article an urgent problem of legal sources is researched. In the context of this general problem the issue of acts of the Constitutional Court is singled out which is one of the most complicated questions actively discussed in scientific circles.
Taking into account that in the countries of civil law traditions, where the doctrine of positive law virtually prevails, the acts of the organs of constitutional justice are assessed differently.
Taking into regard peculiarities of the status of the Constitutional Court of the Republic of Lithuania, it is suggested to correspondingly consider the acts of the Constitutional Court in the system of legal sources. The article holds that the character of acts of organs of constitutional review is also determined by specificity of constitutional norms.
The author thinks that those acts of the Constitutional Court according to which legal norms are recognised as conflicting with the Constitution are to be ascribed, without any doubts, to the sources of constitutional law.
Taking into account that in the countries of civil law traditions, where the doctrine of positive law virtually prevails, the acts of the organs of constitutional justice are assessed differently.
Taking into regard peculiarities of the status of the Constitutional Court of the Republic of Lithuania, it is suggested to correspondingly consider the acts of the Constitutional Court in the system of legal sources. The article holds that the character of acts of organs of constitutional review is also determined by specificity of constitutional norms.
The author thinks that those acts of the Constitutional Court according to which legal norms are recognised as conflicting with the Constitution are to be ascribed, without any doubts, to the sources of constitutional law.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
