The Principle of Independence of Judiciary and Constitutional Justice
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Abstract
With the restoration of the statehood of Lithuania one of the most important tasks facing the State was reform of the legal system and the establishment of a judicial system satisfying the needs of the democratic society.
Does the legislation always take the direction indicated in the Constitution? Why is the independence of judiciary emphasised in the Constitutions of Lithuania and other democratic countries?
Article 109 of the Constitution which says that “the judge and the courts shall be independent in administering justice” have been chosen by the author as an object for analysis. The Constitutional Court of Lithuania in its rulings has repeatedly expressed its opinion on the independence of judiciary, elucidated certain tendencies that enable a deeper understanding of the gist of the principle of independent judiciary, its contents and importance in the contemporary state. The author was urged to deal with this subject matter by often occurring different understanding of the essence of the independence of the judge and the court. Bearing in mind an extraordinary status of the Constitutional Court, the constitutional doctrine developed by the Court should be important not only for the evolution of legal ideas specifically but for all the Lithuanian jurisprudence in general.
Does the legislation always take the direction indicated in the Constitution? Why is the independence of judiciary emphasised in the Constitutions of Lithuania and other democratic countries?
Article 109 of the Constitution which says that “the judge and the courts shall be independent in administering justice” have been chosen by the author as an object for analysis. The Constitutional Court of Lithuania in its rulings has repeatedly expressed its opinion on the independence of judiciary, elucidated certain tendencies that enable a deeper understanding of the gist of the principle of independent judiciary, its contents and importance in the contemporary state. The author was urged to deal with this subject matter by often occurring different understanding of the essence of the independence of the judge and the court. Bearing in mind an extraordinary status of the Constitutional Court, the constitutional doctrine developed by the Court should be important not only for the evolution of legal ideas specifically but for all the Lithuanian jurisprudence in general.
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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.
