Z problematyki gwarancji nadrzędności Konstytucji Republiki Litewskiej
From issue of constitutional guarantee of The Constitution of the Republic of Lithuania

Summary/Abstract: The constitution provides the base and foundation of a country’s legal system. It is an act of law of the most prominent legal force. In addition to that, in the system of sources of law it is accompanied by the principle of primacy in the material and formal sense as well as in the positive and negative sense. In this context, seeing that the principle of primacy and direct applicability are clearly highlighted and stressed in the substance of the constitution by the Lithuanian legislator, it puts the issue of the system of guarantee of the principle especially of its efficacy and efficiency. It is undisputed that the measure of efficacy and efficiency of the principle of primacy of the constitution is the system of formal guarantees which are straightforwardly targeted at the protection of the constitution and among which the basic significance is ascribed to the institution of the law’s constitutionality control. In this matter, the Lithuanian legislator referred to the continental – jurisdictional – model of the control of the law’s constitutionality and established the constitutional court. <e analysis of the valid rules of law – concerning the position of the political system of the Lithuanian Constitutional Court, the scope of its ratione materiae competence and the consequences of its statement are to be acknowledged as satisfying howsoever some doubts may accompany the course of the realization of the “preventive control” of the constitutional accordance of international agreements. Furthermore, the actual scope of the value of the Lithuanian constitution’s legal function, especially when confronting its direct applicability with the independence of the judiciary, the principles of initiating of the law’s constitutionality control in the course of specific – including the lack of the individual constitutional complaint – and relatively numerous references to acts.

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