Konstitucija & politika: menas po skyrybų būti kartu
Constitution & Politics: The Art of Being Together After the Divorce

Summary/Abstract: The article states that the principle of the separation of powers is what determines the independence of courts, including constitutional courts, from the other branches of state power. It is recalled that institutions of constitutional justice base their interpretation of constitutional provisions solely on the constitution. This leads to a general understanding that constitutional law and political science are not only objectively separated but that their distinction leads to (as it is commonly believed) ensuring impartiality when interpreting the constitution. The declarative separation of constitutional law and political science constantly contrasts with reality. Political processes are not only a source of knowledge and understanding of constitutional legal relations and their content. Their implementation of constitutional justice is also an integral part of the general political process of the state. It is demonstrated that the argumentation of particular interpreter is related to legal form to preserve the semblance of judicial independence, his (her) choices are inevitably influenced by individual political worldview. However, this does not deny the general principle that all attempts by political and legal subjects to influence the independence of constitutional justice institutions are intolerable.

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