Actions by Egyptian Defense Minister on July 3rd, 2013 were performed in breach of constitutional provisions that were set by the nation to live in accordance with, and this Constitution was validated in a referendum. According to the Constitution, Defense Minister is not the Protector of the Constitution; furthermore, no right is provisioned for him to terminate the validity of the Constitution. The Egyptian Constitution does not provide the Defense Minister with a right to dismiss the President of the Republic from the office and to appoint a constitutional jurisdiction judge to a temporary President office. What is more, it was possible to solve a political crisis apparent in a country and to avoid breaches of the Constitution by implementing other constitutional means (noconfidence, impeachment or election institutions).
Actions by Egyptian Defense Minister on July 3rd, 2013 were performed in breach of constitutional provisions that were set by the nation to live in accordance with, and this Constitution was validated in a referendum. According to the Constitution, Defense Minister is not the Protector of the Constitution; furthermore, no right is provisioned for him to terminate the validity of the Constitution. The Egyptian Constitution does not provide the Defense Minister with a right to dismiss the President of the Republic from the office and to appoint a constitutional jurisdiction judge to a temporary President office. What is more, it was possible to solve a political crisis apparent in a country and to avoid breaches of the Constitution by implementing other constitutional means (noconfidence, impeachment or election institutions).
If the state's constitution has no rules of de-concentrated state governing, lawmakers have broad discretion in regulating state management with ordinary level legislation. Lithuanian local government as an independent constitutional institution, shall be organized by a separate law, which systematically and explicitly sets out the purpose and powers of the central state administration bodies (ministries, government agencies and institutions under the Ministry) and the territorial bodies of state administration (territorial units of the central executive authorities). In Lithuania, a two-stage (regional and municipal) local self-government is possible only after changing the constitution, i.e., the constitution strengthening of the territorial administrative units, to which grantees self-government, expressis verbis. Contrary to the ambition of the government to abolish the counties, if no higher administrative units will be established, in which under the Constitution the local governance must be implemented. Otherwise, the constitutional amendment is necessary, abolishing the imperative to organize the governance in the higher administrative units.
If the state's constitution has no rules of de-concentrated state governing, lawmakers have broad discretion in regulating state management with ordinary level legislation. Lithuanian local government as an independent constitutional institution, shall be organized by a separate law, which systematically and explicitly sets out the purpose and powers of the central state administration bodies (ministries, government agencies and institutions under the Ministry) and the territorial bodies of state administration (territorial units of the central executive authorities). In Lithuania, a two-stage (regional and municipal) local self-government is possible only after changing the constitution, i.e., the constitution strengthening of the territorial administrative units, to which grantees self-government, expressis verbis. Contrary to the ambition of the government to abolish the counties, if no higher administrative units will be established, in which under the Constitution the local governance must be implemented. Otherwise, the constitutional amendment is necessary, abolishing the imperative to organize the governance in the higher administrative units.
Many countries have consolidated local governments into larger units since the 1970s. This is done in the name of efficiency and economy. Within the context of European integration, the appearance of new self-governing regions as political actors is characterized by both Western and Central and Eastern European countries. Also Lithuania implements the development of territorial governance. However, the European Union does not regulate the constitutional status of regions in its member states, as member states consider the form, role, and powers of their regions to be an integral part of their national sovereignty. The Reference Framework for Regional Democracy of the Council of Europe writes: "Regional authorities are territorial authorities between the central government and local authorities. Where regional authorities exist, the principle of regional self-government shall be recognized in domestic legislation and/or by the constitution, as appropriate." The article examines whether the reform of regions determines the amendments of the constitution? What is the experience of the Central and Eastern European countries consolidating the regional self-government? The states, the constitution guarantee self-government to the lowest territorial administrative units; in order to strengthen the regional self-government must take the constitutional amendments, except those countries (for example Latvia), the constitution of which are res silētur (is on silence). If the state's constitution has no rules of de-concentrated state governing, lawmakers have broad discretion in regulating state management with ordinary level legislation. Lithuanian local government as an independent constitutional institution, shall be organized by a separate law, which systematically and explicitly sets out the purpose and powers of the central state administration bodies (ministries, government agencies and institutions under the Ministry) and the territorial bodies of state administration (territorial units of the central executive authorities). In Lithuania, a two-stage (regional and municipal) local self-government is possible only after changing the constitution, i.e., the constitution strengthening of the territorial administrative units, to which grantees self-government, expressis verbis. Contrary to the ambition of the government to abolish the counties, if no higher administrative units will be established, in which under the Constitution the local governance must be implemented. Otherwise, the constitutional amendment is necessary, abolishing the imperative to organize the governance in the higher administrative units. ; Europos integracijos kontekste, naujų regionų kaip savivaldžių politinių dalyvių pasirodymas būdingas tiek Vakarų, tiek Vidurio ir Rytų Europos valstybėms. Teritorinio valdymo tobulinimą įgyvendina ir Lietuva. Lietuvos Respublikos Vyriausybės 2008–2012 m. veiklos programoje yra numatyta, kad bus naikinamos apskritys (aukštesnieji administraciniai vienetai – aut. past.), paliekami regionai ir jiems atstovaujančios regionų plėtros tarybos, kurios būtų sudaromos laikantis delegavimo principų iš savivaldybių tarybų narių. Pagal Lietuvos Respublikos Konstituciją vietos savivalda yra įgyvendinama valstybės teritorijos administraciniame vienete – savivaldybėje, o valdymą aukštesniuosiuose administraciniuose vienetuose įstatymo nustatyta tvarka organizuoja Vyriausybė. Todėl straipsnyje analizuojama, ar apskričių (regionų) reforma determinuoja konstitucijos pataisų poreikį? Kokia yra Vidurio ir Rytų Europos valstybių patirtis įtvirtinant regioninę savivaldą?
The article also describes the doctrine of the Constitutional Court of the Republic of Lithuania, adhering to verifying the compliance of statutes and statutory instruments with the Constitution in the following spheres: (a) content of norms; (b) scope of regulation; (c) form; (d) course of adoption, signing, promulgation and effect set by the Constitution and other Acts of Parliament. Acts of the Constitutional Court specifically focus on clarification whether the principle of legal legitimacy is followed in legislation, i.e. whether the legislator takes into consideration fundamental legal requirements, forms and procedures and authority of legal subjects provided by the Constitution and other legal Acts. The principle of legitimacy in the rule of law means legitimacy of both, the form and the content. By validating compliance of legal Acts with the Constitution, the Constitutional Court eliminates unconstitutional (wrongful) provisions from the legal system, thus the constitutional control neither denies nor degrades the law, but to the contrary helps to improve the legal system and consolidates constitutional legitimacy.
The article also describes the doctrine of the Constitutional Court of the Republic of Lithuania, adhering to verifying the compliance of statutes and statutory instruments with the Constitution in the following spheres: (a) content of norms; (b) scope of regulation; (c) form; (d) course of adoption, signing, promulgation and effect set by the Constitution and other Acts of Parliament. Acts of the Constitutional Court specifically focus on clarification whether the principle of legal legitimacy is followed in legislation, i.e. whether the legislator takes into consideration fundamental legal requirements, forms and procedures and authority of legal subjects provided by the Constitution and other legal Acts. The principle of legitimacy in the rule of law means legitimacy of both, the form and the content. By validating compliance of legal Acts with the Constitution, the Constitutional Court eliminates unconstitutional (wrongful) provisions from the legal system, thus the constitutional control neither denies nor degrades the law, but to the contrary helps to improve the legal system and consolidates constitutional legitimacy.
This scientific study is the sequel of works from the Department of Constitutional Law, Faculty of Law at Mykolas Romeris University, aimed at widening the knowledge about constitutions and democratic constitutionalism in the context of comparative constitutional law. It should be noted that after 11 March 1990 the independent Lithuanian state was restored, and no studies about constitutions of other countries or constitutional development experience in Europe and other regions of the world were published. The educational publication "Constitutions of Foreign Countries" was released in order to fill this gap, at least partially. The texts of the constitutions of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland (non-consolidated constitutions), the Finnish Republic, the Estonian Republic, the Latvian Republic, the Polish Republic, the United States of America and the Russian Federation were published within. The texts were translated from the respective foreign languages. Compilers of the publication wrote afterwards that it was sought to present the constitutions in the Lithuanian language which was very important in the awakening of constitutionalism, as well as the constitutions that expressed specific political and legal features in Europe. [.]
This scientific study is the sequel of works from the Department of Constitutional Law, Faculty of Law at Mykolas Romeris University, aimed at widening the knowledge about constitutions and democratic constitutionalism in the context of comparative constitutional law. It should be noted that after 11 March 1990 the independent Lithuanian state was restored, and no studies about constitutions of other countries or constitutional development experience in Europe and other regions of the world were published. The educational publication "Constitutions of Foreign Countries" was released in order to fill this gap, at least partially. The texts of the constitutions of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland (non-consolidated constitutions), the Finnish Republic, the Estonian Republic, the Latvian Republic, the Polish Republic, the United States of America and the Russian Federation were published within. The texts were translated from the respective foreign languages. Compilers of the publication wrote afterwards that it was sought to present the constitutions in the Lithuanian language which was very important in the awakening of constitutionalism, as well as the constitutions that expressed specific political and legal features in Europe. [.]
