Steigiamosios ir įsteigtosios valdžių konstitucinė skirtis.
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Society‘s struggle for political freedoms resulted in fundamental changes in the concept of the origin of the state and that of the nature of state power. The scientific potential of political and legal thought, which revealed the human origin of state power, served as an impulse for this change. A community of people – a Nation – personifies as the only and absolute source of a state and its power, whereas a state is a Nation‘s legal personification. Nation‘s sovereignty is recognised as the constitutional basis of the state‘s existence, which inter alia embodies the constituent powers belonging to a Nation. These powers materialise in the fundamental law of the state (lex fundamentalis) – the Constitution, which outlines a distinct constitutional separation between the constituent power and the constituted power and establishes the limits of the latter. Therefore, the basis for functioning of the constituted power and its legitimation stems from the Constitution. The Constitution, as a creation of the Nation‘s suprema potestas, becomes a bridge connecting the constituent power with constituted power. This genesis of the Constitution presupposes a monocentric concept of the system of law, based on ius supremum power of the Constitution and a special legal procedure for amending the Constitution. These principles have become the axioms of modern constitutionalism and intrinsic attributes of a democratic state under the rule of law. When referring to the Constitution, it is not being questioned that the source of Constitution is the national community, i.e. the civil Nation itself. Moreover, the Constitution reflects a social agreement, i.e. a democratically undertaken obligation of the members of the civil Nation towards current and future generations to live in accordance with the fundamental rules entrenched in the Constitution and abide by them in order to ensure the legitimacy of power, the lawfulness of its decisions, human rights and freedoms, and a harmonious society. The Constitution, as an act of supreme legal power and a social agreement is based on universal, unquestionable values, such as belonging of the sovereignty to the Nation, democracy, recognition of and respect for human rights and freedoms, respect for law and the reign of law, limitations on government power, the duty of governing authorities to serve the people and be accountable to society, public spirit, justice, and the aim for the rule of law. When adopting the Constitution, a civil Nation lays down normative grounds for the common life thereof as a state community and enshrines the state as the entire society’s common good. The Nation amends the Constitution directly or via its democratically chosen representatives and only following the rules outlined in the Constitution itself. The Constitution represents the supreme law. It contains guidelines for the entire legal system – the entire legal system is created on the basis of the Constitution. This article presents an overview of certain intellectual prerequisites of the content of these constitutional principles, namely, theoretical aspects of the origin of state, sovereignty of a Nation, and the disjuncture of constituent and constituted powers formulated in the scientific doctrines of J. Bodin, T. Hobbes, J. Locke, J.J. Rousseau and E.J. Siéyès, as well as the legal expression thereof in the constitutional system of the modern state.
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