MetadataShow full item record
The author sees the constitution as an inseparable combination of two elements of the constitutional normative reality - the legal act of the highest power, called the constitution, and constitutional jurisprudence, wherein this act is construed and developed. In the life of the state, the constitutional principles and norms are understood only in the way the Constitutional Court has construed them. After the court has formed sufficient jurisprudence, when it is possible to refer to the constitutional official doctrine of most provisions while applying the constitution, one may talk about jurisprudential constitution. The official constitutional doctrine, which is formed in the acts of the constitutional court, is binding on both subjects, those who create law, and those who apply it. This means the quality of the new legal life. The author raises two questions: first, when is it possible to state that the jurisprudential constitution is formed in the country? Second, is the jurisprudential constitution formed in Lithuania? While answering to the first question, it is important to know how much and what kind of official constitutional doc-trine must be collected in order to say that the constitutional system is construed enough and that the constitution, such as is revealed by the constitutional court, is a functioning constitution? The whole system of the quality and quantity parameters describes the jurisprudential constitution as a functioning system. The essential thing is the level of the development of the verification rules. The interpretations of the constitutional court must create such "net" of verification, which would "catch" verified unconstitutional provisions. The broader such system, the less unconstitutional gaps remain in the legal sys-tem. The constitution is a possibility and through the practice of the Constitutional Court becomes a constantly applied constitution.
- Articles / Straipsniai