Parlamento ir Prezidento santykiai: lyginamasis aspektas ; The Relations between the Parliament and the President: Comparative Aspect
The subject of the parliamentary law and public governance institutions is relevant and new, because it was not analysed before in the scientifical publications of Lithuanian constitutionalists. This subject includes the comparative aspects not only of the constitutional status, powers and interinstitutional relations between the President and the Parliament of Lithuania but also foreign countries governmental relations, status and powers (USA, Latvia and Portugal). The problem, set out in this master thesis, is the lack of systematic comparative analysis, that is connected to the presidential and parliamental relations and the fragmentary scientifical basis on this topic. The object of this thesis is the relations between the actual President and Parliament in Lithuania and three chosen foreign countries (USA, Latvia and Portugal), also their constitutional status, powers and functions that stipulates the mentioned governmental relations. The purpose of this work is to reveal the main aspects and possible solutions of the problematical situations in the sphere of presidential and parliamential relations, constitutional status, powers in the governmental field in Lithuania, USA, Latvia and Portugal. The purpose is obtained while using these main tasks: analysing the theory and the practice of the status, powers, intergovernmental relations in Lithuania, USA, Latvia and Portugal, introducing the similarities and the differences among all the mentioned countries and their governments. There are two hypothesis set out in this work: The mechanism of the relations of Lithuanian Parliament and President presupposes, that the Presidents' powers are inadequately limited in some areas of his actions and the second hypothesis is that the status, powers and relations of the Presidents and the Parliaments in USA, Latvia and Portugal confirms its' similarity to the President of Lithuania. The methods, used in this master thesis are: comparative systematic, teleological, documental analysis, logical method. At the end of analysis, the hypothesis, denoting that in the mechanism of the governmental relations the powers of the President are disproportionately limited, i.e. his rights in the process of the Governments' formation are too narrow and he has no constitutional right to apply to the Constitutional Court on the matter of the legal acts of Seimas incompatibility with the Constitution is confirmed. Moreover, the second hypothesis is partialy rejected: the intergovernmental relations of the researched foreign countries in the abstract level are similar to the governmental institutions of Lithuania but after the deeper examination the differences are also revealed. The American and Portuguese Presidents have strong powers and wide area of constitutional actions, unlike the President of Latvia, that has weaker status, powers and is more likely to be the nominal leader of the country. The master thesis consists of introduction, three main parts, conclusions, offers, the list of the literature used, anotation and the summary in Lithuanian and English languages. The first part of the this work consists of the analysis of the actual Parliament and President in Lithuania, their constitutional status, functions, powers and relations, the second part describes the same features of the three chosen foreign countries (USA, Latvia and Portugal) and the last part discloses the similarities and the differences among all those countries and their governmental relations. The Constitutions of Lithuania, USA, Latvia and Portugal were broadly used when writing this master thesis, as well as some laws, constitutional jurisprudence and some scientifical works of lithuanian constitutionalists, such as G. Mesonis, V. Sinkevičius, E. Jarašiūnas and others and some foreign scientists as well (especially american), such as G. Calabresi, I. Vladeck, W. Marshall and others.