The Implementation of Rulings of the Constitutional Court in Legislation (article in Lithuanian)

Jurisprudencija: Mokslo darbu žurnalas 18 (2):497-516 (2011)
  Copy   BIBTEX

Abstract

There are some problems in the implementation of rulings of the Constitutional Court. The legislator should make more efforts for implementing the concept of the provisions of the Constitution provided in the reasoning parts of rulings of the Constitutional Court. The Statute of the Seimas should be supplemented with provisions obligating structural sub-units of the Seimas to carry out permanent and systemic analysis of reasoning parts of rulings of the Constitutional Court. It would allow timely to prepare proposals how to amend still unchallenged legal regulation which, however, from the constitutional standpoint is doubtful. One should consider whether the norm of Item 4 of Paragraph 1 of Article 64 of the Law on the Constitutional Court, which allows one to challenge the compliance of a legal act with the Constitution on the grounds of the procedure for adoption regardless of any terms expired after the adoption of a law or other legal act, should be amended. It is to be presumed that the principles of legal certainty and legal security entrenched in the Constitution, as well as other constitutional provisions, imply a certain reasonable period of time within which the subjects provided for in the Constitution may apply to the Constitutional Court with a petition requesting to investigate whether a law or other legal act is not in conflict with the Constitution according to the procedure of their adoption. This period of time should not be a long one, for example, half a year or a year since the official publishing of the law; this term should be a prescriptive one–after it has finished, it would not be allowed to challenge the compliance of a law or other legal act with the Constitution according to the procedure of their adoption. In order to speed up the consideration of cases at the Constitutional Court, one would have to change the procedure of consideration of cases in this Court in essence

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,164

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Problems of Correction of the Official Constitutional Doctrine.Egidijus Jarašiūnas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):39-70.
Impact of Constitutional Justice on Lithuaniaʼs Civil Procedure.Egidija Stauskienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):1079-1099.
Constitutional Problems of Depersonalizing Judicial Procedural Decisions.Algimantas Šindeikis - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):41-58.
Autonomous Constitutional Interpretation.Tomasz Stawecki - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):505-535.
The Influence of Economic Crisis on the Constitutional Doctrine of Social Rights.Toma Birmontienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):1005-1030.
The Splendors and Miseries of Constitutional Reasoning in Times of Global Crisis: A Critical Look from the Realist Perspectives of Semiotics.Vadim Verenich - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (4):687-711.

Analytics

Added to PP
2013-11-24

Downloads
11 (#1,065,379)

6 months
1 (#1,428,112)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references