Konstitucinė teisė

Constitutional Law

JOURNALS

DISCONTINUATION OF THE CRIMINAL CASE BY JUDGEMENT AND PRESUMPTION OF INNOCENCE: PROBLEM ASPECTS IN THE CONTEXT OF INTERNATIONAL AND CONSTITUTIONAL LAW (99)

Author: Mindaugas Girdauskas
Topic category: Constitutional Law

The article examines the problems arising in legal science and practice with regard to the compatibility of the wording of court judgments terminating criminal proceedings with the presumption of innocence, the possibility of finding that the defendant has committed a criminal offense and granting civil damages to the victim when criminal proceedings are terminated upon expiry of the statute of limitations, and the possibility to grant civil damages when the proceedings are terminated on the grounds of release from criminal liability.

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THE RELATIONSHIP BETWEEN BALANCING OF HUMAN RIGHTS AND OTHER CONSTITUTIONAL VALUES AND „PREFERRED FREEDOMS“ DOCTRINE (70)

Author: Lina BELIŪNIENĖ
Topic category: Constitutional Law

This article analyses the results of applying the two doctrines interpreting constitutional provisions, i. e. balancing of constitutional values in the Republic of Lithuania and preferred freedoms doctrine which was applied by the US Supreme Court during 1940–1950. In quest of similarities between these doctrines the context of interpreting cases relating to freedom of information/ speech freedom it is analysed.

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CONSTITUTIONAL JURISPRUDENTIAL STATING OF THE CASES WHEN THE ESSENCE OF HUMAN RIGHTS IS DENIED AND THEIR ANALYSIS (65)

Author: Lina BELIŪNIENĖ
Topic category: Constitutional Law, Human Rights

The aim of this research is to ascertain the legal regulation which violates the essence of human rights. In order to reach it the conception of the essence of human rights is analyzed and the cases when the Constitutional Court of the Republic of Lithuania stated that the essence of human rights is denied are analyzed.

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THE PRIORITY OF PUBLIC INTEREST OVER LEGITIMATE EXPECTATIONS IN CONSTITUTIONAL JURISPRUDENCE (87)

Author: Lina BELIŪNIENĖ
Topic category: Constitutional Law

Author of the paper presents the result of the analysis of the jurisprudence of the Lithuanian Constitutional Court of the last years concerning the cases related to protection of public interest. Firstly, the most frequently used by this Court attributes are discussed in it which can help to identify interest as a public interest. Secondary, the arguments are analyzed which provide priority to public interest in the situations where the private and public interest clash, also in such cases when public interest meets the legitimate expectations of persons.

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THE EUROPEAN UNION ECONOMIC CONSTITUTION AS THE ADDITIONAL DIMENSION OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA: CONTOURS OF THE RESEARCH (84)

Author: Irmantas JARUKAITIS
Topic category: European Union Law, Constitutional Law

The article deals with the notion of the economic constitution, the content of the economic constitution of the Republic of Lithuania, of the European Union and the interrelationship between the two. The first part of the article, relying, among the other things, on the thoughts of the ordoliberal school, is devoted to analysis of the concept of the economic constitution. It describes the reasons, why certain core principles concerning of the organization of the economic system of the political community should form part of the constitutional rules of that community, how they should be defined in order to ensure the optimal frame of the economic system.

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THE RIGHT TO APPEAL AS FUNDAMENTAL CONSTITUTIONAL RIGHT (58)

Author: Salomėja ZAKSAITĖ, Michail BRON
Topic category: Civil Proceedings Law, Constitutional Law

In this article the right to appeal is analyzed. Although it may be possible to state that Constitutional Court of the Republic of Lithuania recognized this right as fundamental constitutional right and a part of a right to trial, the restrictions of said right do not contradict its constitutionality.

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LEGITIMATE EXPECTATIONS PROBLEM ON PURSUANCE OF DEFENSE OF PUBLIC INTEREST (87)

Author: Skirmantė GADEIKYTĖ
Topic category: Criminal Proceedings Law, Constitutional Law, Legislation

The purpose of the report is to share insights on the topic of the conference - the relationship between public interest and legitimate expectations as constitutional values, to review the powers and competence of the prosecutor as a universal public interest protection entity, to discuss the legal prerequisites and conditions of the prosecutor's intervention in the existing legal relations, to reveal in what aspects individuals the problem of legitimate expectations is relevant for the public interest protection function of the prosecutor.

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INSTITUTE OF LAW AT THE LITHUANIAN CENTRE FOR SOCIAL SCIENCES

Constitutional Law

DISCONTINUATION OF THE CRIMINAL CASE BY JUDGEMENT AND PRESUMPTION OF INNOCENCE: PROBLEM ASPECTS IN THE CONTEXT OF INTERNATIONAL AND CONSTITUTIONAL LAW (99)

THE RELATIONSHIP BETWEEN BALANCING OF HUMAN RIGHTS AND OTHER CONSTITUTIONAL VALUES AND „PREFERRED FREEDOMS“ DOCTRINE (70)

CONSTITUTIONAL JURISPRUDENTIAL STATING OF THE CASES WHEN THE ESSENCE OF HUMAN RIGHTS IS DENIED AND THEIR ANALYSIS (65)

THE PRIORITY OF PUBLIC INTEREST OVER LEGITIMATE EXPECTATIONS IN CONSTITUTIONAL JURISPRUDENCE (87)

THE EUROPEAN UNION ECONOMIC CONSTITUTION AS THE ADDITIONAL DIMENSION OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA: CONTOURS OF THE RESEARCH (84)

THE RIGHT TO APPEAL AS FUNDAMENTAL CONSTITUTIONAL RIGHT (58)

LEGITIMATE EXPECTATIONS PROBLEM ON PURSUANCE OF DEFENSE OF PUBLIC INTEREST (87)