Suchergebnisse

The doctoral for the first time it systematically studies the institute of parliamentary control as a part of the constitutional law forming a sub-branch of the parliamentary law and the doctoral dissertation provides the evaluation of the Lithuanian model of parliamentary control and its implementation based on the analysis of such models in Great Britain, Germany, the United States of America and France. The aim of the doctoral dissertation is to analyze and assess the institute of parliamentary control as the institute of constitutional law. The dissertation includes the introduction, methodology and research reviews, four chapters of the body, conclusions and recommendations. The first part of the doctoral dissertation analyses the influence of the Nation's sovereignty doctrine and the principle of separation of power on the development of the institute of parliamentary control. The second part establishes problem of variety in definitions specific features of parliamentary control and supervision and content dimensions of the parliamentary control definition: sensu stricto and sensu largo. The third part of the doctoral dissertation analyses models of parliamentary control implementation in the countries of the old democracy. Together with the institute of parliamentary control, the parliamentary practice is also studies, as well as "typical" models in the democratic countries and peculiarities of implementation of these models. The forth part of the dissertation explores the implementation model of parliamentary control of the Government of the Republic of Lithuania. It analyses not only the Doctrine of the Constitutional but also the parliamentary practice and theoretical and practical problems.

The doctoral for the first time it systematically studies the institute of parliamentary control as a part of the constitutional law forming a sub-branch of the parliamentary law and the doctoral dissertation provides the evaluation of the Lithuanian model of parliamentary control and its implementation based on the analysis of such models in Great Britain, Germany, the United States of America and France. The aim of the doctoral dissertation is to analyze and assess the institute of parliamentary control as the institute of constitutional law. The dissertation includes the introduction, methodology and research reviews, four chapters of the body, conclusions and recommendations. The first part of the doctoral dissertation analyses the influence of the Nation's sovereignty doctrine and the principle of separation of power on the development of the institute of parliamentary control. The second part establishes problem of variety in definitions specific features of parliamentary control and supervision and content dimensions of the parliamentary control definition: sensu stricto and sensu largo. The third part of the doctoral dissertation analyses models of parliamentary control implementation in the countries of the old democracy. Together with the institute of parliamentary control, the parliamentary practice is also studies, as well as "typical" models in the democratic countries and peculiarities of implementation of these models. The forth part of the dissertation explores the implementation model of parliamentary control of the Government of the Republic of Lithuania. It analyses not only the Doctrine of the Constitutional but also the parliamentary practice and theoretical and practical problems.

According to the ratio of the powers provided to the President of Republic of Lithuania with other kinds of the state authorities, his powers may be classified to three groups: 1) the powers in the sphere of legislation; 2) the powers in the sphere of the executive; 3) the powers in the sphere of legal authorities. In the present Article, the powers of the President of Republic of Lithuania exercised by him in connection with organization and functioning of the executive and regulated by the Article 84 of the Constitution are discussed in details. They may be divided into: a) the powers bound with a formation of the Government; b) the powers bound with an appointment of certain state officials; c) the powers bound with an implementation of foreign policy; d) the powers bound with national defense; e) other powers related to the executive. After a completion of the analysis of the above–listed powers, it may be stated that the role, functions and powers of the President of the Republic (although he is not a head of the executive and does not institutionally belong to the system of executive institutions according to the Constitution) in this sphere are rather important, versatile and wide in comparison with other kinds of the state authorities. Although the President of the Republic is charged with important powers in the said sphere according to the Constitution, however, he does not directly guide the institutions engaged in an implementation of this kind of powers. He sets the general framework of the internal and foreign policy, however, the Government remains responsible for everyday implementation of the executive. By the way, he is not entitled to implement a considerable part of the most important powers in this sphere self–dependently, without and approval and support of the Seym, i.e. he informally shares some powers with the Seym. The most degree of freedom related to the executive is provided to the President of Lithuania in the sphere of foreign policy. Here, he is "the central figure", because other participants of policy. ; 1992 m. spalio 25 d. priimtoje Lietuvos Respublikos Konstitucijoje atskiras skirsnis skirtas ir Lietuvos Respublikos Prezidento institutui. Konstitucijos 84 straipsnyje reglamentuoti Prezidento įgaliojimai leidžia teigti, kad jam suteikti tam tikri įgaliojimai, susiję su vykdomosios valdžios organizavimu ir funkcionavimu. Todėl šiame straipsnyje išsamiau nagrinėjami Prezidento įgaliojimai vykdomosios valdžios srityje bei jų vykdymo ypatumai. Taip pat tiriama ir Prezidento instituciją aptarnaujančių padalinių organizacinė struktūra bei teisinis statusas.

It has been analyzed in this article the development of internal institutions of Lithuanian municipalities during the latest three years, emphasizing principal impact of the Constitutional Court's decisions (2002 and 2004). The main attention is committed to the new municipal institution – the executive director, analysis of its activities and interaction with other subjects of municipal administration. It has been discussed the consequences of re-distribution of power after establishing of aforementioned executive institution. It has been shown the atrophy of the political government/ administration cleavage, when the separation of representative and executive power has been actually implemented on local level.

It has been analyzed in this article the development of internal institutions of Lithuanian municipalities during the latest three years, emphasizing principal impact of the Constitutional Court's decisions (2002 and 2004). The main attention is committed to the new municipal institution – the executive director, analysis of its activities and interaction with other subjects of municipal administration. It has been discussed the consequences of re-distribution of power after establishing of aforementioned executive institution. It has been shown the atrophy of the political government/ administration cleavage, when the separation of representative and executive power has been actually implemented on local level.

It has been analyzed in this article the development of internal institutions of Lithuanian municipalities during the latest three years, emphasizing principal impact of the Constitutional Court's decisions (2002 and 2004). The main attention is committed to the new municipal institution – the executive director, analysis of its activities and interaction with other subjects of municipal administration. It has been discussed the consequences of re-distribution of power after establishing of aforementioned executive institution. It has been shown the atrophy of the political government/ administration cleavage, when the separation of representative and executive power has been actually implemented on local level.

Lithuanian constitution was accepted in 1992 October 25. But preparation process of constitution didn't secure objectivity and it was prepared very quickly, so it could determine some mistakes in it. One of mistakes is that powers of state were not balanced properly. There is also review of presidential system of ruling in United States of America. The principle of separation of powers in USA is not effective, because when in parliament majority has one party, and executive power is controlled by other party, then forms the stalemate. And only undisciplined parties make system still working. In parliament democracy dominates community of powers. But the bad side of parlamentical democracy is assembly ruling. And exactly this bad side is typical in Lithuania. So we have to find a way out of this assembly ruling, and a way out could be half presidential system, where prime minister or president has more power depending what majority is in parliament. Besides, it is necessary to incorporate bicameralism and president's power to dismiss parliament without any conditions to make system more effective. And the last point is, that now we can't accept law, witch will let direct mayoral elections, because it will make dividual regiment and it will make stalemate.

This article reveals the implications that made the Lithuanian Council to step aside allowing the Temporary Government to continue the further process of restitution of Lithuania, immediately after becoming the central constitutional state institution. Prior to that, Lithuanian (State) Council had managed to declare the independence of Lithuania on the 16th of February 1918 under extremely difficult political circumstances and established the statehood on the 2nd of November of the same year. Under the will of the Vilnius conference of Lithuania that took place in autumn of 1917, all Lithuanian political streams of these days have been represented in the Lithuanian Council. However, the Council itself has not managed to save the representative ability by agreeing with the resignation of its left element and by continuing the expansion and distance from the community of Lithuania. The Council has become an institution representing the right wing of the Lithuanian community which could not ensure any greater support. This has become especially relevant when, during the transition of 1918-1919, a real threat has emerged to the survival of the state. The constitution of cabinet of Ministers, which has been formed on the basis of wide coalition hoping for the support of wider layers of the Lithuanian residents, did no longer match the political constitution of the Council, which distorted the relationship of the Council with the executive power that had been construed on the basis of parliamentarism in the Temporary Constitution. These circumstances encouraged the corrections of the provisions of the Temporary Constitution in early 1919 – the executive power has received an alternative legislative power, the collegial ruler of the state in the form of Council Presidium has been replaced by a single-person President who received the exceptional right to form and release the sessions of the Council. By accepting the new constitutional provisions, the Council has itself transferred the initiative and dominant positions to the executive power and sanctioned itself as the object of discretion of the executive power. Even when the direct threat for statehood has started to diminish, the process of the transition of the political impact centre to the executive power appeared to be irreversible. ; Straipsnyje atskleidžiami veiksniai, lėmę, jog Lietuvos (Valstybės) Taryba, esant nepaprastai sudėtingoms politinėms aplinkybėms 1918 m. vasario 16 d. sugebėjusi paskelbti Lietuvos nepriklausomybę ir tų pat metų lapkričio 2 d. tą valstybingumą įtvirtinusi Laikinojoje konstitucijoje, vos tapusi centrine konstitucine valstybės institucija nelauktai greitai tolesnį valstybės atkūrimo darbą perleido Laikinajai vyriausybei. Svarbiausiais veiksniais, turėjusiais įtakos šiam pasitraukimui, laikomi Tarybos reprezentatyvumo praradimas ir jos konstitucinės padėties pakeitimai, politinę iniciatyvą ir pirmaujančias pozicijas valstybės valdžios sąrangoje perleidę vykdomajai valdžiai.

The article presents a research carried out in Šiauliai City municipality in 2009, which was aimed at finding out the spread of features of transactional and transformational leadership in the Council of the current period of office (2007-2011) by relating the manifestations of leadership to efficiency of activity when representing the interests of the community. Activity of the members of the Council was assessed by the executive power - the executives of divisions of municipal administration.

The article presents a research carried out in Šiauliai City municipality in 2009, which was aimed at finding out the spread of features of transactional and transformational leadership in the Council of the current period of office (2007-2011) by relating the manifestations of leadership to efficiency of activity when representing the interests of the community. Activity of the members of the Council was assessed by the executive power - the executives of divisions of municipal administration.

The article analyses the consolidation of parliamentary control pattern and its development in the United States (hereinafter referred to as US). The competence of the Congress, which allows a thorough and efficient parliamentary control implementation, is unquestionable notwithstanding the absence of governmental institute, the President and its administration political responsibility against the Congress in the constitutional governance system of US, whereas provisions of the Congress are "silent" about controlling competence of the Congress. The Congress control was developed through parliamentary practice and was approved by the Supreme Court commenting on the Constitution and "designing" pattern of separation of powers. It is universally recognized that the Congress control is one of the break and balance devices securing both, solid and effective execution of all functions of the Congress, especially legislation, and inter-balance of powers. However, referring to the doctrine, appearing in judgments of the Supreme Court, the function of the Congress control has its boundaries and the executed control is not absolute. Another significant restraint of functions of the Congress control is related to reception of information form executive power. Looking at American constitutional tradition and analyzing the content of break and balance system, the privilege of executive power is singled out. Because of the privilege executive power cannot refuse to subject the information to the Congress, thus not allowing examinations of the Congress "to prosper". Hereby, parliamentary control as well as other break and balance devices (the President's right of veto, impeachment etc.) secure the independency and equality of the President and the Congress.

The article analyses the consolidation of parliamentary control pattern and its development in the United States (hereinafter referred to as US). The competence of the Congress, which allows a thorough and efficient parliamentary control implementation, is unquestionable notwithstanding the absence of governmental institute, the President and its administration political responsibility against the Congress in the constitutional governance system of US, whereas provisions of the Congress are "silent" about controlling competence of the Congress. The Congress control was developed through parliamentary practice and was approved by the Supreme Court commenting on the Constitution and "designing" pattern of separation of powers. It is universally recognized that the Congress control is one of the break and balance devices securing both, solid and effective execution of all functions of the Congress, especially legislation, and inter-balance of powers. However, referring to the doctrine, appearing in judgments of the Supreme Court, the function of the Congress control has its boundaries and the executed control is not absolute. Another significant restraint of functions of the Congress control is related to reception of information form executive power. Looking at American constitutional tradition and analyzing the content of break and balance system, the privilege of executive power is singled out. Because of the privilege executive power cannot refuse to subject the information to the Congress, thus not allowing examinations of the Congress "to prosper". Hereby, parliamentary control as well as other break and balance devices (the President's right of veto, impeachment etc.) secure the independency and equality of the President and the Congress.

Institutions-organizations and institutions-rules (norms), levels of institutionalization and its influence on political development of political system, constitutions and constitutional interpretation, structural-functional characteristic of the main political institutions (parties, party and electoral systems, legislatures and executive power, public administration, interest groups, local governance, judicial and political communication institutions), variuos types, models of these institutions and activity, interaction between political institutions and their influence on real politics, institutional engineering, institutionalization of the political institutions, democratization and democratic consolidation processes – all these questions were discussed in this methodical book.

Institutions-organizations and institutions-rules (norms), levels of institutionalization and its influence on political development of political system, constitutions and constitutional interpretation, structural-functional characteristic of the main political institutions (parties, party and electoral systems, legislatures and executive power, public administration, interest groups, local governance, judicial and political communication institutions), variuos types, models of these institutions and activity, interaction between political institutions and their influence on real politics, institutional engineering, institutionalization of the political institutions, democratization and democratic consolidation processes – all these questions were discussed in this methodical book.

Institutions-organizations and institutions-rules (norms), levels of institutionalization and its influence on political development of political system, constitutions and constitutional interpretation, structural-functional characteristic of the main political institutions (parties, party and electoral systems, legislatures and executive power, public administration, interest groups, local governance, judicial and political communication institutions), variuos types, models of these institutions and activity, interaction between political institutions and their influence on real politics, institutional engineering, institutionalization of the political institutions, democratization and democratic consolidation processes – all these questions were discussed in this methodical book.