Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ? - 29

LES COURS CONSTITUTIONNELLES

the rule of law are inconceivable. On the contrary, the Constitutional Court
has the constitutional powers to officially construe the Constitution24 - to
provide the concept of the provisions of the Constitution, which is binding
on all the law-making and law-applying institutions25. While investigating
the compliance of the laws and other legal acts with the Constitution,
the Constitutional Court develops the concept of provisions of the
Constitution set forth in its previous acts and it discloses new aspects of
the legal regulation established in the Constitution, which are necessary
for the investigation of the corresponding constitutional justice case26. The
official constitutional doctrine, inter alia, discloses the content of various
constitutional provisions, their interrelations, the balance between the
constitutional values, and the essence of the constitutional legal regulation
as a single whole27.
In other words, the constitutional doctrine is, inevitably, affected
by modern developments, inter alia by those related to the rule of
law. However, the border for such impact perpetually underlies in the
Constitution - derives from the essence of the constitutional legal regulation. It may even be referred to, in a sense, as a "self-defensive" mechanism
of the supreme law.
The important relevant example from the jurisprudence of the
Constitutional Court of the Republic of Lithuania is the ruling of
24 January 201428. The constitutional justice case was initiated by the
Seimas, which requested an investigation into whether the Law Amending
Article 125 of the Constitution, in view of the manner of its adoption, was
not in conflict with the Constitution. The petitioner essentially doubted
if the motion to alter or supplement Constitution, when submitted to the
Seimas, may be substantially changed by the committee of Seimas and yet
submitted to decide upon to the Seimas.
24. These powers are granted exclusively to the Constitutional Court within Lithuanian
legal system.
25. Inter alia the ruling of 6 June 2006 of the Constitutional Court of the Republic of
Lithuania (On the Status of the Constitutional Court); the ruling of 29 June 2010 of the
Constitutional Court of the Republic of Lithuania (On the state pensions of judges).
26. Inter alia the ruling of 30 May 2003 of the Constitutional Court of the Republic
of Lithuania (On elections to municipal councils); the ruling of 28 March 2006 of the
Constitutional Court of the Republic of Lithuania (On the powers of the Constitutional
Court to review its own decisions and dismiss the instituted legal proceedings, as well as
on reviewing the financing of courts).
27. Inter alia the ruling of 1 July 2004 of the Constitutional Court of the Republic of
Lithuania (On creative activities of members of the Seimas); the ruling of 14 March 2006
(On the limitation on the rights of ownership in areas of particular value and in forest land).
28. The ruling of 24 January 2014 of the Constitutional Court of the Republic of Lithuania
(On the Law Amending Article 125 of the Constitution).

Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ?

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