The President of the Republic of Lithuania and the constitutional principle of the separation of powers

Research output: Contribution to journalArticle

Abstract

The separation of powers represents a particular concept, the core idea being that of balancing the power between different bodies so that no power can act without co-operation of the others, and each checks the others. The doctrine of the system of checks and balances has been developed on the basis of this particular conception. The most influential version of the separation of powers is that proposed by C. L Montesquieu ("De L ’Esprit de his ", 1748). Regardless of the doctrine we subscribe to (be it that of J. Locke or that of C. L. Montesquieu) there are no ways of implementation which have been recognized and agreed upon universally. Thus, it is the government which creates a legal reality of implementation of the principle of separation of powers. The principle of separation of powers envisages the development of a system whereby human rights and freedoms were guaranteed alongside with the effective functioning of the government. The work of models of the separation of powers is only possible in a democratic political regime. In the Republic of Lithuania the principle of separation of powers is enshrined in the Constitution. The head of the country i.e. the President acts following the principles of the system of checks and balances. His functions are defined in the Constitution and laws. The jurisprudence of the Constitutional Court is a source of law that helps in understanding provisions of the Constitution. Therefore it also helps to understand the scope of powers of the President provided for in the Constitution. Lithuania has the parliamentary form of government, therefore powers of the President are in many ways conditional and in some areas quite nominal. Therefore there are frequent proposals to amend the Constitution by way of redistribution of powers. However, eagerness to improve the form of government often competes with another value i.e. constitutional stability. [...]
Original languageEnglish
Pages (from-to)46-53
JournalJurisprudencija: mokslo darbai
Volume111
Issue number9
Publication statusPublished - 2008

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separation of powers
Lithuania
republic
president
constitution
Montesquieu
Locke, J.
doctrine
source of law
constitutional court
political regime
jurisprudence
redistribution
human rights
Law
Values

Keywords

  • President
  • Stability of a Constitution

Cite this

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title = "The President of the Republic of Lithuania and the constitutional principle of the separation of powers",
abstract = "The separation of powers represents a particular concept, the core idea being that of balancing the power between different bodies so that no power can act without co-operation of the others, and each checks the others. The doctrine of the system of checks and balances has been developed on the basis of this particular conception. The most influential version of the separation of powers is that proposed by C. L Montesquieu ({"}De L ’Esprit de his {"}, 1748). Regardless of the doctrine we subscribe to (be it that of J. Locke or that of C. L. Montesquieu) there are no ways of implementation which have been recognized and agreed upon universally. Thus, it is the government which creates a legal reality of implementation of the principle of separation of powers. The principle of separation of powers envisages the development of a system whereby human rights and freedoms were guaranteed alongside with the effective functioning of the government. The work of models of the separation of powers is only possible in a democratic political regime. In the Republic of Lithuania the principle of separation of powers is enshrined in the Constitution. The head of the country i.e. the President acts following the principles of the system of checks and balances. His functions are defined in the Constitution and laws. The jurisprudence of the Constitutional Court is a source of law that helps in understanding provisions of the Constitution. Therefore it also helps to understand the scope of powers of the President provided for in the Constitution. Lithuania has the parliamentary form of government, therefore powers of the President are in many ways conditional and in some areas quite nominal. Therefore there are frequent proposals to amend the Constitution by way of redistribution of powers. However, eagerness to improve the form of government often competes with another value i.e. constitutional stability. [...]",
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