The Evolution and Gestalt of the Lithuanian Constitution

Abstract

Abstract The chapter addresses the main stages of evolution of the Lithuanian constitutionalism and the basic features of the 1992 Constitution currently in force. First, it describes the Middle Age origins of the Lithuanian Constitutionalism and its development between the two World Wars. Further, it describes the historic context of the re-establishment of Lithuania’s Independence on 11 March 1990 and adoption of the 1992 Constitution. Second, the chapter analyses the central role of the Constitutional Court of the Republic of Lithuania in ensuring the effectiveness of and developing the Constitution, the gradual shift of its approach to the interpretation of the Constitution. It addresses and describes the important horizontal impact of both the ECHR and EU law on the perception and further jurisprudential development of the 1992 Constitution. Third, it deals with the basic principles and structures of the 1992 Constitution. The basic constitutional principles, especially the rule of law and protection of fundamental rights, and their interaction is explained. Further, the constitutional organs of the Republic of Lithuania, their powers and mutual functioning are addressed. Finally, the Chapter deals with the question of constitutional identity. Both EU and national constitutional perspectives are analysed in the light of academic discourse and the jurisprudence of the Constitutional Court.