Konstituciniai papročiai nacionalinėje teisės sistemoje

Abstract

Constitutional law of Lithuania belongs to the tradition of the continental law, so the main official sources of law is the statute. By meaning “sources of constitutional law” we usually have in mind standard law. It is also recognised that constitutional law is based not only on the standard law, however, common law is analysed not well enough. In this case doctrine of constitutional law in our country is based on positive theory of law.
The article deals with the problem of constitutional customs (constitutional agreements) in the legal system of Lithuania. The main attention is given to the analysis of the concept of constitutional custom. This is related to such aspects of interpretation of constitutional customs: 1) constitutional custom as a common rule which historically developed as frequently repeating itself act (precedent) in the activity of the State authority institution; 2) constitutional custom as a rule of behaviour of the statesmen which corresponds with the requirements of the constitutional morality. It is also discussed the problem of obligation of the constitutional custom in our country.