CONSTITUTIONAL LAW

GENERAL ISSUES
Constitutional law is the study of foundational or basic laws of nation states or other
political organizations. Constitutional laws govern the scope of powers and authority of various bodies in relation
to the creation and execution of other laws by a government.
A constitution is a system, often codified as a written document, that establishes the rules and
principles that govern an organization or political entity. In the case of countries, this term refers specifically to a
national constitution defining the fundamental political principles, and establishing the structure, procedures,
powers and duties, of a government. A constitution can be defined as a set of laws on how a country is governed.
Most national constitutions also guarantee certain rights to the people.
Historically, before the evolution of modern-style, codified national constitutions, the term
constitution could be applied to any important law that governed the functioning of a government. A
constitution binds a government or governments, limiting the contexts in which rules may be created,
interpreted and force may be applied.
Most commonly constitutional law is the law of these foundational laws and customs of nationstates. However, not all nation-states have constitutions, though all such states have a jus commune, or law of
the land, that may consist of a variety of imperative and consensual rules, that may be customary law, oral law
and written law that apply in the various jurisdictions of such states. Of those nation-states that do have
constitutions, not all are considered strictly written constitutions, as the laws that govern such issues may not
be consolidated into one single constitution document or instrument. Compare, for example, the written
Constitution of the United States with British constitutional law, which arises from multiple sources including
Magna Carta, the common law, and other customary sources. In some countries, the constitution is known as the
Basic Law.
One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power.
CONSTITUTIONAL COURT
The constitution is often protected by a certain legal body in each country with various names,
such as supreme, constitutional or high court. This court judges the compatibility of legislation with the
provisions and principles of the constitution, which is termed "constitutionality". Especially important is the
court's responsibility to protect constitutionally established rights and freedoms. In constitutions without the
concept of supreme law, such as the United Kingdom constitution, the concept of "constitutionality" has little
meaning, and constitutional courts do not exist.
A "constitutional violation" is an action or legislative act that is judged by a constitutional
court to be contrary to the constitution, that is, "unconstitutional". An example of constitutional violation by the
executive could be a politician who abuses the powers of his constitutionally-established office. An example of
constitutional violation by the legislature is an attempt to pass a law that would contradict the constitution,
without first going through the proper constitutional amendment process.
A constitutional court is normally the court of last resort, the highest judicial body in the
government. The process of judicial review is then integrated into the system of courts of appeal. This is

the case, for example, with the Supreme Court of the United States. Cases must normally be heard in lower courts
before being brought before the Supreme Court, except cases for which the Supreme Court has original
jurisdiction. Some other countries dedicate a special court solely to the protection of the constitution, as with the
German Constitutional Court. Most constitutional courts are powerful instruments of judicial review, with the
power to declare laws "unconstitutional", that is, incompatible with the constitution. Other countries,
such as France, have a Constitutional Council of France which may only judge the constitutionality of laws before
the ratification process.
Some countries, mainly those with uncodified constitutions, have no such courts at all for
example, as the United Kingdom traditionally functions under the principle of parliamentary sovereignty: the
legislature has the power to enact any law it wishes. However, through its membership in the European
Union, the UK is now subject to the jurisdiction of European Community law and the European Court of
Justice; similarly, by acceding to the Council of Europe's European Convention on Human Rights, it is subject
to the European Court of Human Rights. In effect, these bodies are constitutional courts that can invalidate or
interpret UK legislation.
THE CONSTITUTION OF THE UNITED KINGDOM: PART I
The Constitution of the UK is uncodified, consisting of both written and unwritten sources. There
is no technical difference between ordinary statutes and law considered "constitutional law." Therefore, the
Parliament of the United Kingdom can perform "constitutional reform" simply by passing Acts of Parliament and
thus has the power to change or abolish any written or unwritten element of the constitution. The constitution is
based on the concept of all sovereignty ultimately belonging to Parliament (Parliamentary sovereignty), so the
concept of entrenchment (principle of a constitution making certain constitutional amendments either more
difficult or impossible) cannot exist.
The lack of a central written constitutional document explaining the fundamental principles of
the state and relationship between its institutions and between the people leads some constitutionalists to regard
the United Kingdom as having "no (formal) constitution." The phrase "unwritten constitution" is sometimes
used, despite the fact that the UK constitution incorporates many written sources, statutory law being
considered the most important source of the constitution. But the case remains that the constitution relies far more
on unwritten constitutional conventions than virtually every other liberal democratic constitution.
THE CONSTITUTION OF THE UNITED KINGDOM: PART II GOVERNMENT AND PARLIAMENT
The informal nature of the constitution has been conducive to a lack of the concept of
constitution government or constitutionalism in the United Kingdom. The government (i.e. the executive)
is drawn from the legislature, Parliament, since the UK has a parliamentary system of government. The
doctrine of limited government, central in all written constitutions, is not prominent in the UK constitution, nor
is separation of powers or formal checks and balances. Since the government is said to be fused
with Parliament, and virtually every government has a majority, governments have no formal restraint on their
legislative power.

This is broken only if government Members of Parliament vote against a government bill, which due
to a strong whip system, had until 2005, not occurred since 1986. The phrase elective dictatorship was introduced
in 1976 to highlight the enormous potential power of government afforded by the constitution.
In practice, some principles and elements of the constitution, such as the rule of law, are so ancient
and ingrained in the UKs political culture that they would be extremely difficult to abolish. Parliamentary
sovereignty and the rule of law have been widely considered the most important principles of the
constitution since the nineteenth century, and attempts to substantially circumvent them would likely be met
with backlash by the electorate or monarch.
THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA
Lithuania's first constitution was adopted on May 3, 1791 in an effort to reform the PolishLithuanian Commonwealth, consisting of the Grand Duchy of Lithuania and the Kingdom of Poland. It was the
first written Constitution in Europe and had preceded Frances Constitution that appeared a few months later.
Lithuania's first constitution laid down the major principles of the state system that corresponded to the European
concept of the 18th century. However, it was short-lived and was never completely implemented. The Third
Partition of Poland took place in 1795 and the commonwealth ceased to exist when Lithuania became part of the
Russian Empire.
After World War I, Lithuania declared independence on February 16, 1918. On August 1, 1922 the
Constituent Assembly (Steigiamasis Seimas) adopted a new constitution which resembled modern Western
European constitutions. In 1928 and 1938 new constitutions were promulgated to reflect the authoritarian
leadership of Antanas Smetona. In 1940 and 1978, new constitutions of Lithuanian SSR were adopted, similar to
the other Soviet constitutions.
Modern Constitution was adopted after the Restoration of Independence on October 25, 1992. It was
approved by the voters in a referendum. Seventy-five percent of those voting favoured the document. Although
it was adopted by a solid majority, the percentage of voters participating in the referendum was smaller (57
percent) than had been the case in most elections until then.
Since that time the Constitution has become the main document of the land. It defines the legal foundation
for all laws passed in the Republic of Lithuania. The Constitution of 1992 reflects the institutions and
experiences of the United States, France, and Germany as integrated into Lithuanian tradition. It also incorporates
guarantees of a social safety network inherited from the Soviet Union.

In its introductory provisions, the document places a high value on democracy and asserts the right
of defence against attempts by force to encroach upon or overthrow "state independence, territorial integrity, or
the constitutional system" (Article 3). The status of Lithuania as an "independent democratic republic" can be
changed only by a referendum and only if three-fourths of Lithuanian citizens approve it. Similarly, the first
seventeen articles (which define the characteristics of the state, citizenship, state language, and symbols) and
Articles 147, 148, and 149 (which determine the methods for constitutional amendments) can be altered
only by a referendum. Amendments of other articles must be considered and voted upon in the Seimas twice (with
a lapse of at least three months between each vote) and shall be deemed adopted if, in each of the votes, at least
two-thirds of all members of the Seimas vote in favour of the enactment (Chapter 14).
Fundamental human rights and democratic values, including freedom of "thought, faith, and
conscience," are enshrined in the constitution, which also guarantees the status of legal person to religious
denominations and allows religious teaching in public schools. In addition to personal, political, and religious
rights, the constitution secures social rights. These include free medical care, old-age pensions, unemployment
benefits and support for families and children.
The power to govern is divided between the legislative and executive branches, with an independent
judiciary. The constitution clearly acknowledges the danger of concentration of power in a single person or
institution. The legislature has regained its old name, Seimas, which was used in the interwar years. The
executive consists of a President and a Prime Minister with a cabinet. The judiciary is composed of the
Supreme Court and subordinate courts (the Court of Appeals, regional courts and district courts). Creation of
special courts, such as administrative or family courts, is allowed, although establishing courts with "special
powers" is forbidden in peacetime. The Constitutional Court of the Republic of Lithuania, which decides on the
constitutionality of acts of the Seimas, the President, and the Government, is considered separate from the
judiciary.
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
It is a special court established by the Constitution of the Republic of Lithuania of 1992; it began the
activities after the adoption of the Law on Constitutional Court of the Republic of Lithuania on February 3, 1993.
Since its inception, the Court has been located in the city of Vilnius, Gediminas Avenue.
The main task of the court is judicial review. It may therefore declare the acts of the Seimas
unconstitutional and thus render them ineffective. As such, it is somewhat similar to the Supreme Court of
the United States. However, it differs from it and other supreme courts in that it is not part of the regular
judicial system, but more a unique judicial branch. Most importantly, it does not serve as a regular court of
appeals from lower courts or as a sort of super appellate court on any violation of national laws.
Its jurisdiction is focused on constitutional issues, the integrity of the Constitution. Moreover,
it attests the conformity of the acts of the Government of the Republic of Lithuania to the laws and takes a final
decision on voting infringements.
The Court is comprised of nine justices, elected by the Seimas, for a nine-year non-renewable
term of office. Only Lithuanian citizens of an impeccable reputation, who are trained in law, and who
have served for at least 10 years in the legal profession, or in an area of legal education are eligible for

appointment. Usually, notable legal scholars and highly experienced judges qualify for the position.
The candidates are nominated by the Chairman of the Seimas, the President of Lithuania and the President of the
Supreme Court of the Republic of Lithuania, 3 persons each. The Seimas appoints the President of the Court from
among the justices upon the nomination by the President of the state.
The Constitutional Court of the Republic of Lithuania has played a substantial role in the
development of the Lithuanian legal system, declaring a number of national laws unconstitutional. On March 31,
2004, it issued a ruling acknowledging the breach of the oath of office by the President Rolandas Paksas. He
was removed from office by the Seimas following the impeachment on April 6, 2004; this has been the first
successful case of impeachment of the head of the state in the history of Europe. The ruling interpreted the
Constitution as precluding a person, who was pleaded guilty for the breach of oath, from assuming any future
position in public service, which requires taking an oath.
Source: Wikipedia, The Free Encyclopedia.