Konstitucinis Teismas valstybės valdžios organų sistemoje

Abstract

In the article the problems of the status of the Constitutional Court of the Republic of Lithuania are discussed. The author seeks to reveal one of the main urgent problems of constitutional law science, i.e. what place the Constitutional Court occupies in the system of organs of state power.
While investigating the above problem, a special attention is paid to analysis of constitutional status of constitutional courts of other European states. A comparative legal method creates preconditions to evaluate the place of the Constitutional Court of the Republic of Lithuania in the organisation of state power to describe relations with other central state organs.
The attention is paid to those features of the Constitutional Court which permit to assess it as the organ of state power of special competence. A particular emphasis is put on those features of legal status of the Constitutional Court, which make the preconditions for the assertion that the Constitutional Court is ascribed to judicial power.
The author does not accept the opinion that constitutional courts have features of the fourth power. He also doubts that parliaments share the function of legislation with constitutional courts. The conclusion is made that the Constitutional Court of the Republic of Lithuania is a judicial institution which implements constitutional jurisdiction emerging from urgent issues to protect the Constitution.