Suchergebnisse

The principle of state neutrality and the principle of secularity of the state are established in the jurisprudence of the Lithuanian Constitutional Court. The principle of separateness of the state and the church is also indicated in the Ruling of the Constitutional Court of Lithuania of 13 June 2000 "On certain provisions of the Law on Education". The paper deals with interpretation of this principle in the scholarly works of some authors. Taking into account the state neutrality concept discussed within the framework of political philosophy, this paper raises certain doubts with regard to the scholarly interpretation of the principle of separateness of the state and the church established in the constitutional jurisprudence. The author of the paper discusses a particular argument raised by some scholars as to the uniqueness of the constitutional principle of separateness of the state and the church. In this regard the author conducts a systemic analysis of the constitutional jurisprudence and its interpretation with regard to the principle of secularity of the state. Moreover, the concept of the state neutrality principle is indicated in the paper. Finally, the state neutrality principle is discussed in the context of a line of reasoning of the authors who claim that the principle of separateness of the state and the church conceptually differs from the principle of separation of the state and the church. In this regard, the author asserts that the approach claiming that co-operation of the state and the church is a feature of the Lithuanian Constitution in light of the constitutional principle of secularity of the state lacks coherence and implies certain risks on the constitutional system prescribing relations between the church and the state in Lithuania.

The principle of state neutrality and the principle of secularity of the state are established in the jurisprudence of the Lithuanian Constitutional Court. The principle of separateness of the state and the church is also indicated in the Ruling of the Constitutional Court of Lithuania of 13 June 2000 "On certain provisions of the Law on Education". The paper deals with interpretation of this principle in the scholarly works of some authors. Taking into account the state neutrality concept discussed within the framework of political philosophy, this paper raises certain doubts with regard to the scholarly interpretation of the principle of separateness of the state and the church established in the constitutional jurisprudence. The author of the paper discusses a particular argument raised by some scholars as to the uniqueness of the constitutional principle of separateness of the state and the church. In this regard the author conducts a systemic analysis of the constitutional jurisprudence and its interpretation with regard to the principle of secularity of the state. Moreover, the concept of the state neutrality principle is indicated in the paper. Finally, the state neutrality principle is discussed in the context of a line of reasoning of the authors who claim that the principle of separateness of the state and the church conceptually differs from the principle of separation of the state and the church. In this regard, the author asserts that the approach claiming that co-operation of the state and the church is a feature of the Lithuanian Constitution in light of the constitutional principle of secularity of the state lacks coherence and implies certain risks on the constitutional system prescribing relations between the church and the state in Lithuania.

The article analyses current scholarship on the relations between the church and the state in the jurisprudence of Lithuanian Constitutional Court. Particular attention is drawn to the principle of the separateness of the state and the church (bažnyčios ir valstybės atskirumas) which is perceived as a peculiar feature of Lithuanian constitutional jurisprudence. The constitutional jurisprudence is analysed considering the concept of state-neutrality developed by representatives of political philosophy. The risks related to development of the constitutional idea of the cooperation of state and church in the light of state neutrality principle are identified. ; Straipsnyje aptariama teisės doktrinoje nagrinėjama Lietuvos Respublikos Konstitucinio Teismo jurisprudencija valstybės ir bažnyčios santykių klausimais. Išskirtinis dėmesys teikiamas valstybės ir bažnyčios atskirumui, kaip tariamai ypatingam Lietuvos konstitucinės jurisprudencijos bruožui. Konstitucinė jurisprudencija analizuojama, atsižvelgiant į politinėje filosofijoje identifikuojamą valstybės neutralumo principų sampratą. Identifikuojamos rizikos, susijusios su valstybės ir bažnyčios bendradarbiavimo konstitucinės idėjos plėtojimu valstybės neutralumo principo kontekste.

The principle of state neutrality and the principle of secularity of the state are established in the jurisprudence of the Lithuanian Constitutional Court. The principle of separateness of the state and the church is also indicated in the Ruling of the Constitutional Court of Lithuania of 13 June 2000 "On certain provisions of the Law on Education". The paper deals with interpretation of this principle in the scholarly works of some authors. Taking into account the state neutrality concept discussed within the framework of political philosophy, this paper raises certain doubts with regard to the scholarly interpretation of the principle of separateness of the state and the church established in the constitutional jurisprudence. The author of the paper discusses a particular argument raised by some scholars as to the uniqueness of the constitutional principle of separateness of the state and the church. In this regard the author conducts a systemic analysis of the constitutional jurisprudence and its interpretation with regard to the principle of secularity of the state. Moreover, the concept of the state neutrality principle is indicated in the paper. Finally, the state neutrality principle is discussed in the context of a line of reasoning of the authors who claim that the principle of separateness of the state and the church conceptually differs from the principle of separation of the state and the church. In this regard, the author asserts that the approach claiming that co-operation of the state and the church is a feature of the Lithuanian Constitution in light of the constitutional principle of secularity of the state lacks coherence and implies certain risks on the constitutional system prescribing relations between the church and the state in Lithuania.

The principle of state neutrality and the principle of secularity of the state are established in the jurisprudence of the Lithuanian Constitutional Court. The principle of separateness of the state and the church is also indicated in the Ruling of the Constitutional Court of Lithuania of 13 June 2000 "On certain provisions of the Law on Education". The paper deals with interpretation of this principle in the scholarly works of some authors. Taking into account the state neutrality concept discussed within the framework of political philosophy, this paper raises certain doubts with regard to the scholarly interpretation of the principle of separateness of the state and the church established in the constitutional jurisprudence. The author of the paper discusses a particular argument raised by some scholars as to the uniqueness of the constitutional principle of separateness of the state and the church. In this regard the author conducts a systemic analysis of the constitutional jurisprudence and its interpretation with regard to the principle of secularity of the state. Moreover, the concept of the state neutrality principle is indicated in the paper. Finally, the state neutrality principle is discussed in the context of a line of reasoning of the authors who claim that the principle of separateness of the state and the church conceptually differs from the principle of separation of the state and the church. In this regard, the author asserts that the approach claiming that co-operation of the state and the church is a feature of the Lithuanian Constitution in light of the constitutional principle of secularity of the state lacks coherence and implies certain risks on the constitutional system prescribing relations between the church and the state in Lithuania.

Part I: Complicated Historical Heritage: Dealing with the Totalitarian Past -- 1. Transitional Justice Cases Against Lithuania at the European Court of Human Rights -- 2. The Legal Framework for Administrative Liability in Lithuania: Lifting Legal Barriers to the Efficient Regulation of Administrative Offences -- 3. Development of Property Protection in Criminal Law During Lithuania's Independence -- 4. Some Aspects of Economic Regulation in Lithuanian Constitutional Law: From Planned Economy to the Fourth Industrial Revolution -- Part II: Sophisticated Socio-Political and Other Conditions in the Process of Adoption to New (Rule of Law) Standards -- 5. Development of the Justice System in Lithuania: Revolution, Evolution or Involution? -- 6. Evolution of the Lithuanian Civil Procedure: Objectives and Reality -- 7. Development of Arbitration Law in the Republic of Lithuania After the Restoration of Independence -- 8. Understanding Legal Responses to Technological Change in Lithuania Since 1990: Examples of Assisted Reproduction and Skin Care Procedures Regulation -- Part III: Authority of International Legal Sources over a Period of 30 Years -- 9. Shift in the Role of Lithuanian Courts in the Context of Lithuania's Membership in International Organizations -- 10. Forensic Examinations in Lithuania: 30 Years of Experience (1990–2020) -- 11. Execution of Judgments of the European Court of Human Rights: Lithuanian Case -- Part IV: The Search for Experimental and/or Entirely New National Legal Models -- 12. The Development and Prospects of the Lithuanian Constitutional Justice Model -- 13. Constitutional Principles As a Criterion for Declaring Legal Regulation to Be Incompatible with the Constitution of the Republic of Lithuania -- 14. Administrative Liability in Lithuania: The Model of Corporate Administrative Liability -- 15. Collective Labour Law in Lithuania: Search for a National Model -- 16. Tendencies and Problematical Aspects of Criminal Liability of a Legal Person in Lithuania.

Part I: Complicated Historical Heritage: Dealing with the Totalitarian Past -- 1. Transitional Justice Cases Against Lithuania at the European Court of Human Rights -- 2. The Legal Framework for Administrative Liability in Lithuania: Lifting Legal Barriers to the Efficient Regulation of Administrative Offences -- 3. Development of Property Protection in Criminal Law During Lithuania's Independence -- 4. Some Aspects of Economic Regulation in Lithuanian Constitutional Law: From Planned Economy to the Fourth Industrial Revolution -- Part II: Sophisticated Socio-Political and Other Conditions in the Process of Adoption to New (Rule of Law) Standards -- 5. Development of the Justice System in Lithuania: Revolution, Evolution or Involution? -- 6. Evolution of the Lithuanian Civil Procedure: Objectives and Reality -- 7. Development of Arbitration Law in the Republic of Lithuania After the Restoration of Independence -- 8. Understanding Legal Responses to Technological Change in Lithuania Since 1990: Examples of Assisted Reproduction and Skin Care Procedures Regulation -- Part III: Authority of International Legal Sources over a Period of 30 Years -- 9. Shift in the Role of Lithuanian Courts in the Context of Lithuania's Membership in International Organizations -- 10. Forensic Examinations in Lithuania: 30 Years of Experience (1990–2020) -- 11. Execution of Judgments of the European Court of Human Rights: Lithuanian Case -- Part IV: The Search for Experimental and/or Entirely New National Legal Models -- 12. The Development and Prospects of the Lithuanian Constitutional Justice Model -- 13. Constitutional Principles As a Criterion for Declaring Legal Regulation to Be Incompatible with the Constitution of the Republic of Lithuania -- 14. Administrative Liability in Lithuania: The Model of Corporate Administrative Liability -- 15. Collective Labour Law in Lithuania: Search for a National Model -- 16. Tendencies and Problematical Aspects of Criminal Liability of a Legal Person in Lithuania.