Administracinių teisės aktų teisėtumo problema prof. Mykolo Romerio mokslo darbuose.
The legality of admininistrative legal acts as well as the constitutionalism of legislation are those actualities which M. Romeris comprehensively analyzed in his works. M. Romeris contended that the principle of legality being one of the most fundamental regularities is determined by the philosophy of the rule of law and is inherent in democratic law and order. In his scientific works M. Romeris put an exceptional emphasis on the form and content of the control of legality of administrative legal acts. With respect to this, M. Romeris’ scientific provisions and statements concerning the political and legal prerequisites of reassurance of the legality of administrative legal acts have thoroughly been analyzed in the present article. It has been contended that M. Romeris successfully proved that in the countries with the continental law tradition only a specialized administrative court can ensure the comprehensive control of the legality of administrative legal acts. The article seeks to more thoroughly disclose those historical and legal circumstances and reasons the influence of which formed the concept of the control of legality of administrative legal acts. One could notice those specific legal phenomena which law scientists define as the rudiments of the administrative court (Complaints and Investigation Commission of the Reconstructive Seimas and the Council of the State). Attention has been drawn to M. Romeris’ one of the essential scientific thesis, i.e. his position regarding the role of court in the construction of the rule of law. M. Romeris was utterly convinced that the constitutionalism of legislation must be controlled by the constitutional court, the legality of administrative legal acts – by the administrative court and the legality of court rulings – by the court of cassation. In conclusion, M. Romeris’ scientific provisions concerning the reassurance of the form and content of the legality of legal acts are realistically reflected in the modern legal system of the Republic of Lithuania where the Constitutional Court and administrative courts function on the basis entrenched in the Constitution.
- Straipsniai / Articles