Certain Features of the Activity of Constitutional Court as a Creator of the Constitutional Doctrine
##plugins.themes.bootstrap3.article.main##
Abstract
The Constitutional Court is a peculiar creator of the doctrine. Notably, the doctrines of constitutional law and the heritage of pre-war scholarly thought have been those guidelines that led to formation of the constitutional review in the Lithuanian constitutional system. Therefore the emergence of the institution of the constitutional review is marked by the doctrine.
The Constitutional Court is a state institution, which rules in the disputes over the constitutionality of legal acts. The decisions of the Constitutional Court are legal practice revealing values and ideas of law embodied in the Constitution. The doctrine indicates the orientation of the Court, as well as the course of its thought. The assessments by the Court are of scientific nature. It goes without saying that the topics of the investigation of the Constitutional Court are determined by the petitions of the subjects entitled to appeal to the Constitutional Court.
The influence of the legal ideas raised by the Constitutional Court on the legal practice, science of law, and social consciousness is evident. It is possible, it seems, to speak about the system of the ideas, theories and concepts formulated by the Court. This may be called the doctrine, which is being shaped by the Court.
Not attempting to present an overall assessment of the doctrine developed by the Constitutional Court, in the article one tried to analyse as to how individual legal conceptions, i.e. those of the main rights and freedoms, separation of powers, state under the rule of law, are developed, and how the Court, adopting new decisions, brings to light still new aspects of these ideas.
An analysis of the activities of the Constitutional Court as a creator of the constitutional doctrine permits to assert that the Constitutional Court gives priority to the legal methods characteristic of the classical school of constitutional law. True, the legal argumentation in some decisions is backed by the knowledge from other social sciences. So far we do not think that these individual cases are the beginning of a new tendency.
The Constitutional Court is a state institution, which rules in the disputes over the constitutionality of legal acts. The decisions of the Constitutional Court are legal practice revealing values and ideas of law embodied in the Constitution. The doctrine indicates the orientation of the Court, as well as the course of its thought. The assessments by the Court are of scientific nature. It goes without saying that the topics of the investigation of the Constitutional Court are determined by the petitions of the subjects entitled to appeal to the Constitutional Court.
The influence of the legal ideas raised by the Constitutional Court on the legal practice, science of law, and social consciousness is evident. It is possible, it seems, to speak about the system of the ideas, theories and concepts formulated by the Court. This may be called the doctrine, which is being shaped by the Court.
Not attempting to present an overall assessment of the doctrine developed by the Constitutional Court, in the article one tried to analyse as to how individual legal conceptions, i.e. those of the main rights and freedoms, separation of powers, state under the rule of law, are developed, and how the Court, adopting new decisions, brings to light still new aspects of these ideas.
An analysis of the activities of the Constitutional Court as a creator of the constitutional doctrine permits to assert that the Constitutional Court gives priority to the legal methods characteristic of the classical school of constitutional law. True, the legal argumentation in some decisions is backed by the knowledge from other social sciences. So far we do not think that these individual cases are the beginning of a new tendency.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
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.
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.
