Law-governed state in the Lithuanian Constitutional Doctrine (1918-1940)

Kristina Miliauskaitė, Gintaras Šapoka

    Research output: Contribution to journalArticle

    Abstract

    How must the state life be organized to ensure right protection of all the people and realization of the rights? Striving this aim, it is orienting on a law-governed State model which is formulated as the long-term and strategic ideal of the State’s development in the preamble of 1992 Constitution of Republic of Lithuania. While analysing the current constitutional regulation and searching for the methods to improve and resources to strengthen the constitutional system, researchers of the constitutional law look for the background information in the most recent legal experience, EU constitutional tradition and even more – in the experience of constitutionalism in the entire world and Lithuania. The reason is simple – it is Western tradition where the concepts of the constitutionalism, democracy and rule of law gained their true meaning. The idea and practise of law-governed state is the product of the capitalistic epoch in essence. It developed as an organized effort of a citizen to restrict the self-will of the State authority with respect to his rights in the Western Europe and America. This trend evolved from the legal state to the law-governed state (rule of law) and, finally, to the social state or the welfare state. A conscious realization of law-governed State model is based on the knowledge what kinds of measures of human rights protection it disposes and what the possibilities of those measures to reach this aim were in Lithuania. This article is an attempt to revise a tradition of the European constitutionalism and assess its impact on the Constitutions of the first Republic of Lithuania (1918-1940), to discuss application of the European constitutional heritage while developing the constitutional provisions in Lithuania. [...]
    Original languageEnglish
    Pages (from-to)38-46
    JournalInternational journal of liberal arts and social science
    Volume3
    Issue number1
    Publication statusPublished - 2015

    Fingerprint

    Lithuania
    state law
    doctrine
    constitutionalism
    constitutional state
    constitution
    First Republic
    state authority
    constitutional law
    Western Europe
    welfare state
    republic
    experience
    human rights
    EU
    democracy
    citizen
    regulation
    trend
    resources

    Keywords

    • Law-governed state
    • Rule of law
    • Constitutionalism

    Cite this

    Law-governed state in the Lithuanian Constitutional Doctrine (1918-1940). / Miliauskaitė, Kristina; Šapoka, Gintaras .

    In: International journal of liberal arts and social science, Vol. 3, No. 1, 2015, p. 38-46.

    Research output: Contribution to journalArticle

    @article{cb4d4c284805480dab3add421d332622,
    title = "Law-governed state in the Lithuanian Constitutional Doctrine (1918-1940)",
    abstract = "How must the state life be organized to ensure right protection of all the people and realization of the rights? Striving this aim, it is orienting on a law-governed State model which is formulated as the long-term and strategic ideal of the State’s development in the preamble of 1992 Constitution of Republic of Lithuania. While analysing the current constitutional regulation and searching for the methods to improve and resources to strengthen the constitutional system, researchers of the constitutional law look for the background information in the most recent legal experience, EU constitutional tradition and even more – in the experience of constitutionalism in the entire world and Lithuania. The reason is simple – it is Western tradition where the concepts of the constitutionalism, democracy and rule of law gained their true meaning. The idea and practise of law-governed state is the product of the capitalistic epoch in essence. It developed as an organized effort of a citizen to restrict the self-will of the State authority with respect to his rights in the Western Europe and America. This trend evolved from the legal state to the law-governed state (rule of law) and, finally, to the social state or the welfare state. A conscious realization of law-governed State model is based on the knowledge what kinds of measures of human rights protection it disposes and what the possibilities of those measures to reach this aim were in Lithuania. This article is an attempt to revise a tradition of the European constitutionalism and assess its impact on the Constitutions of the first Republic of Lithuania (1918-1940), to discuss application of the European constitutional heritage while developing the constitutional provisions in Lithuania. [...]",
    keywords = "Law-governed state, Rule of law, Constitutionalism",
    author = "Kristina Miliauskaitė and Gintaras Šapoka",
    year = "2015",
    language = "English",
    volume = "3",
    pages = "38--46",
    journal = "International journal of liberal arts and social science",
    issn = "2307-924X",
    publisher = "Center for Enhancing Knowledge",
    number = "1",

    }

    TY - JOUR

    T1 - Law-governed state in the Lithuanian Constitutional Doctrine (1918-1940)

    AU - Miliauskaitė, Kristina

    AU - Šapoka, Gintaras

    PY - 2015

    Y1 - 2015

    N2 - How must the state life be organized to ensure right protection of all the people and realization of the rights? Striving this aim, it is orienting on a law-governed State model which is formulated as the long-term and strategic ideal of the State’s development in the preamble of 1992 Constitution of Republic of Lithuania. While analysing the current constitutional regulation and searching for the methods to improve and resources to strengthen the constitutional system, researchers of the constitutional law look for the background information in the most recent legal experience, EU constitutional tradition and even more – in the experience of constitutionalism in the entire world and Lithuania. The reason is simple – it is Western tradition where the concepts of the constitutionalism, democracy and rule of law gained their true meaning. The idea and practise of law-governed state is the product of the capitalistic epoch in essence. It developed as an organized effort of a citizen to restrict the self-will of the State authority with respect to his rights in the Western Europe and America. This trend evolved from the legal state to the law-governed state (rule of law) and, finally, to the social state or the welfare state. A conscious realization of law-governed State model is based on the knowledge what kinds of measures of human rights protection it disposes and what the possibilities of those measures to reach this aim were in Lithuania. This article is an attempt to revise a tradition of the European constitutionalism and assess its impact on the Constitutions of the first Republic of Lithuania (1918-1940), to discuss application of the European constitutional heritage while developing the constitutional provisions in Lithuania. [...]

    AB - How must the state life be organized to ensure right protection of all the people and realization of the rights? Striving this aim, it is orienting on a law-governed State model which is formulated as the long-term and strategic ideal of the State’s development in the preamble of 1992 Constitution of Republic of Lithuania. While analysing the current constitutional regulation and searching for the methods to improve and resources to strengthen the constitutional system, researchers of the constitutional law look for the background information in the most recent legal experience, EU constitutional tradition and even more – in the experience of constitutionalism in the entire world and Lithuania. The reason is simple – it is Western tradition where the concepts of the constitutionalism, democracy and rule of law gained their true meaning. The idea and practise of law-governed state is the product of the capitalistic epoch in essence. It developed as an organized effort of a citizen to restrict the self-will of the State authority with respect to his rights in the Western Europe and America. This trend evolved from the legal state to the law-governed state (rule of law) and, finally, to the social state or the welfare state. A conscious realization of law-governed State model is based on the knowledge what kinds of measures of human rights protection it disposes and what the possibilities of those measures to reach this aim were in Lithuania. This article is an attempt to revise a tradition of the European constitutionalism and assess its impact on the Constitutions of the first Republic of Lithuania (1918-1940), to discuss application of the European constitutional heritage while developing the constitutional provisions in Lithuania. [...]

    KW - Law-governed state

    KW - Rule of law

    KW - Constitutionalism

    M3 - Article

    VL - 3

    SP - 38

    EP - 46

    JO - International journal of liberal arts and social science

    JF - International journal of liberal arts and social science

    SN - 2307-924X

    IS - 1

    ER -