2004JurisprudencijaOpen access

New Developments in the Jurisprudence of the Constitutional Court of the Republic of Lithuania

Toma Birmontienė

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Abstract

The article discusses the rulings of the Constitutional Court of the Republic of Lithuania as sources of law. The rulings of the Constitutional Court are comparable with the Constitution itself as authoritative interpretation of the Constitution. The present article deals with the problems of the methods of interpretation of the Constitution. It also reflects on the new developments in the jurisprudence of the Constitutional Court. One of the developments discussed is related with the problems of execution of powers of the Constitutional Court when interpreted in light of constitutional law, whereas the other deals with the problems related with the textual formulations of the Constitution. These developments are analysed in light of the newest rulings of the Constitutional Court. The problem of the changing doctrine of interpretation in the rulings of the Constitutional Court is also focused on. A new possible development of the jurisprudence of the Constitutional Court to provide for a possibility of a person to file a complaint directly to the Constitutional Court is also discussed.

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What this paper is about

The article discusses the rulings of the Constitutional Court of the Republic of Lithuania as sources of law. The rulings of the Constitutional Court are comparable with the Constitution itself as authoritative interpretation of the Constitution. The present article deals with the problems of the methods of interpretation of the Constitution. It also reflects on the new developments in the jurisprudence of the Constitutional Court. One of the developments discussed is related with the problems of execution of powers of the Constitutional Court when interpreted in light of constitutional law, whereas the other deals with the problems related with the textual formulations of the Constitution. These developments are analysed in light of the newest rulings of the Constitutional Court. The problem of the changing doctrine of interpretation in the rulings of the Constitutional Court is also focused on. A new possible development of the jurisprudence of the Constitutional Court to provide for a possibility of a person to file a complaint directly to the Constitutional Court is also discussed.

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Available abstract

The article discusses the rulings of the Constitutional Court of the Republic of Lithuania as sources of law. The rulings of the Constitutional Court are comparable with the Constitution itself as authoritative interpretation of the Constitution. The present article deals with the problems of the methods of interpretation of the Constitution. It also reflects on the new developments in the jurisprudence of the Constitutional Court. One of the developments discussed is related with the problems of execution of powers of the Constitutional Court when interpreted in light of constitutional law, whereas the other deals with the problems related with the textual formulations of the Constitution. These developments are analysed in light of the newest rulings of the Constitutional Court. The problem of the changing doctrine of interpretation in the rulings of the Constitutional Court is also focused on. A new possible development of the jurisprudence of the Constitutional Court to provide for a possibility of a person to file a complaint directly to the Constitutional Court is also discussed.

Key concepts: Constitutional court, Jurisprudence, Constitution, Law, Constitutional economics, Political science, Interpretation (philosophy), Constitutional law

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