Several Constitutional Form and Content Requirements in Regulation within Jurisprudence of the Constitutional Court

Kristina Grigienė

Abstract


Lithuania’s Constitution entrenches the principle of the rule of law on of the requirements of which both Acts of Parliament and other legal acts have to comply with the Constitution (or other superior legal acts, in respect of which compliance of an inferior legal act or a part hereof is construed). The body which grants supremacy of the Constitution in Lithuania’s legal system is the Constitutional Court. In view of this, the article focuses on concluding Acts of the Constitutional Court and analyses understanding of statutes and statutory instruments in legal scientific sources and jurisprudence of the Constitutional Court. Since, in the processes of new legislation and amendment or modification of existing statutes, all legal subjects are bound by the jurisprudence of the Constitutional Court and the official constitutional doctrine stated therein, the article aims to determine general requirements that a statute or a statutory instrument have to meet in order to comply with the Constitution.

Keywords


jurisprudence of the Constitutional Court; statute; statutory instrument; constitutional requirements for legal regulation

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236