Kokias neteisines priemones Lietuvos Respublikos Konstitucinis Teismas naudoja savo argumentacijoje?
Santrauka
This article defends the methodological position presented by H. Kelsen:
that the Constitution is the supreme law, and is without gaps. Only such a position
allows one to state that the Constitution is the law, i.e. an obligation, which is a criterion
of constitutionality for the whole of the lower law, which, in comparison with the
Constitution, is only a fact. Compared to the Constitution, the lower law, both national
and international, including the provisions of European Union law, must be assessed
as facts in the process of reasoning of the Constitutional Court; this duty of the Constitutional
Court is related to the process of assessment of facts and not to the interpretation
of binding law. European Union law is more important fact for the Constitutional
Court in the reasoning process than other international law provisions and / or other
national legal systems. This article also analyzes the problematic aspects of the jurisdiction
of the Constitutional Court and administrative courts in deciding the legality of
acts of an individual nature of the President of the Republic and the Government. It
is proposed to adjust the statutory (ordinary) regulation so that acts (or parts thereof)
adopted by the President of the Republic or the Government of an individual nature
would be appealed directly to the Supreme Administrative Court of Lithuania, and the
Constitutional Court, having substantially assessed the factual circumstances related to
the adoption of these individual acts, would finally assess their legality.
Rinkiniai
- Straipsniai / Articles [6695]