Suchergebnisse

The Swiss Confederation is characterised by a long constitutional evolution that can be divided into several important periods: the Old Swiss Confederacy (13–14 C.), Helvetica (1798–1848), Mediation (1803–1814), Restoration (1815–1830), Regeneration (1830–1848) and development since 1874. It can be stated that Switzerland adopted a modern, democratic constitution early; this state is the oldest democratic republic in Europe. In 1874, many amendments to the effective Constitution were made and a lot of gaps in legal regulation came to light, which led to the opinion that in order to remove those shortcomings, a few specific amendments were no longer sufficient; therefore, it was decided to make substantial changes to the Constitution. The new Constitution was approved by the people and the cantons in the referendum of 18 April 1999 and came into effect on 1 January 2000. The most significant features of this Constitution include the entrenchment of the principles of democracy, federalism, and of the state of law and social welfare. Pursuant to the principle of division of governmental powers, the governing of the state is carried out by the following federal institutions: the Federal Assembly, the Bundesrat and the Federal Court. The Federal Assembly, which takes into consideration the rights of the people and the cantons in its decision-making, is the supreme governing power of the Federation; it is granted superiority over the other powers, the Bundesrat and the Federal Court. This can be explained by the fact that its members are elected by the people in direct and democratic elections, and that it is assigned exclusive powers in the fields of legislation and supervision of other institutions. Nevertheless, the aforementioned position expressing the superiority of the Parliament does not change the essence of the principle of division of governmental powers that has long been the foundation of the Swiss Constitutions.elected according to the proportional representation system. The term of office is four years. The Council of States is made up of 46 canton deputies. Their term of office and system of election is determined by the individual cantons. The Federal Assembly can only exercise its assigned powers when matching decisions are made by the councils meeting separately. To exercise certain powers (election of members of the Bundesrat, the Federal Chancellor, Federal Court judges and the General; resolution of conflicts of competence between the supreme institutions of the Federation; granting clemency) they meet together and act as the United Federal Assembly. Activity of the members of the Federal Assembly is based on the principle of the free mandate. It is notable that the members of the Federal Assembly may retain their previous position during their term of office but, in order to ensure transparency in non-parliamentary ties and activities, they must disclose their interest ties. The Federal Assembly together with the Bundesrat are institutions that are fairly independent from each other, governing the state with regard to strategic issues, legislation, planning and formation of the budget and implementation of foreign policy; together they allow to describe Switzerland's form of government as exceptional, having some features of both the parliamentary and the presidential form of government. ; Straipsnyje analizuojama Šveicarijos Konfederacijos parlamento teisinė padėtis pagal šiuo metu šalyje galiojančią 1999 m. balandžio 18 d. referendume priimtą Konstituciją, įsigaliojusią 2000 m. sausio 1 d. Trumpai apžvelgus konstitucionalizmo raidą šalyje, pirmiausia aptariami pagrindiniai Konstitucijoje įtvirtinti valstybinės santvarkos ir politinės visuomenės pamatus grindžiantys principai, be abejo, lemiantys ir parlamento statusą šalyje, konstatuojant, kad Šveicarija yra demokratinė, federalinė, socialinė ir teisinė valstybė. Remiantis Konstitucijoje implicitiškai įtvirtintu valdžių padalijimo principu, atskleidžiama parlamento vieta valstybės valdžią įgyvendinančių institucijų sistemoje, akcentuojant jo viršenybę kitų institucijų atžvilgiu. Aptarus palamento – Federalinio susirinkimo – struktūrą, apžvelgiami jį sudarančių rūmų – Nacionalinės tarybos ir Kantonų tarybos – ypatumai. Toliau straipsnyje apžvelgiami parlamento įgaliojimai, pagrindiniai jo veiklos principai bei narių teisinio statuso esminiai bruožai.

The article, seeking an answer to the question of the role of political parties in the life of each modern democratic state and society, focuses on one of the key issues of the existence of each political party - their funding. Having established that state support in trying to protect these political entities from the potential influence of external individual donors, based on the experience of foreign countries it is necessary to provide insights into the possible models of such financing, their advantages and disadvantages. The article also reviews recent attempts to change the funding model of political parties in the Republic of Lithuania and the reasons for such attempts, and presents arguments that justify the possible influence of such inspirations on political processes in the country.

The article, seeking an answer to the question of the role of political parties in the life of each modern democratic state and society, focuses on one of the key issues of the existence of each political party - their funding. Having established that state support in trying to protect these political entities from the potential influence of external individual donors, based on the experience of foreign countries it is necessary to provide insights into the possible models of such financing, their advantages and disadvantages. The article also reviews recent attempts to change the funding model of political parties in the Republic of Lithuania and the reasons for such attempts, and presents arguments that justify the possible influence of such inspirations on political processes in the country.

The article, seeking an answer to the question of the role of political parties in the life of each modern democratic state and society, focuses on one of the key issues of the existence of each political party - their funding. Having established that state support in trying to protect these political entities from the potential influence of external individual donors, based on the experience of foreign countries it is necessary to provide insights into the possible models of such financing, their advantages and disadvantages. The article also reviews recent attempts to change the funding model of political parties in the Republic of Lithuania and the reasons for such attempts, and presents arguments that justify the possible influence of such inspirations on political processes in the country.

Government organization and activities in a democratic state must be based on the principle of separation of powers. The essence of this principle is to ensure individual rights and freedoms and to help the society prevent government arbitrariness. Each power is implemented through its institutions: Parliament, representing the Nation, legislate the laws and perform other functions provided in the Constitution, the Government implement the laws legislated by Parliament and courts execute justice. If the state does not ensure the implementation of justice, all the talk of democracy, the rule of law, civil society, human rights and freedoms are declarative. Only being independent and autonomous judicial authorities can properly fulfill their function – to execute justice, to ensure implementation of law, expressed in the Constitution, laws and other legal norms, to guarantee the rule of law, to protect human rights and freedoms. Inevitably, the question must be raised whether the courts executing justice ensure these constitutional principles good enough and whether the citizen applying to the court to protect his violated rights can be sure that the court will resolve the dispute impartially and restore his violated rights. Authors of the article examine such an important topic as confidence in the courts, discuss the possible ways and means to achieve that the state government would be more trusted. In the article authors raise a question whether it would be effective to establish associate judges' institute in Lithuania. The authors conclude that Lithuania is one of the few democratic countries having no jury or associate judges institution and that its establishment would help reduce corruption in the legal system. Also it would be a step to increase public confidence in the judiciary. The main conclusion is that discussions about moderate model of associate judges' institution shall be encouraged. The authors believe that such a concept model would not form intervention in the Constitution of the Republic of Lithuania of 1992 and legal framework, but would complement the practice and the commitment to strengthen the relation between the public authorities and society, which is expressed in the Constitution. The model of such aspiration development really makes sense and would be very necessary.

Government organization and activities in a democratic state must be based on the principle of separation of powers. The essence of this principle is to ensure individual rights and freedoms and to help the society prevent government arbitrariness. Each power is implemented through its institutions: Parliament, representing the Nation, legislate the laws and perform other functions provided in the Constitution, the Government implement the laws legislated by Parliament and courts execute justice. If the state does not ensure the implementation of justice, all the talk of democracy, the rule of law, civil society, human rights and freedoms are declarative. Only being independent and autonomous judicial authorities can properly fulfill their function – to execute justice, to ensure implementation of law, expressed in the Constitution, laws and other legal norms, to guarantee the rule of law, to protect human rights and freedoms. Inevitably, the question must be raised whether the courts executing justice ensure these constitutional principles good enough and whether the citizen applying to the court to protect his violated rights can be sure that the court will resolve the dispute impartially and restore his violated rights. Authors of the article examine such an important topic as confidence in the courts, discuss the possible ways and means to achieve that the state government would be more trusted. In the article authors raise a question whether it would be effective to establish associate judges' institute in Lithuania. The authors conclude that Lithuania is one of the few democratic countries having no jury or associate judges institution and that its establishment would help reduce corruption in the legal system. Also it would be a step to increase public confidence in the judiciary. The main conclusion is that discussions about moderate model of associate judges' institution shall be encouraged. The authors believe that such a concept model would not form intervention in the Constitution of the Republic of Lithuania of 1992 and legal framework, but would complement the practice and the commitment to strengthen the relation between the public authorities and society, which is expressed in the Constitution. The model of such aspiration development really makes sense and would be very necessary.

In this article, the problem of terrorism is discussed in view of the peculiarities of legal nature. The phenomenon of terrorism is being analyzed by scientists in the political, economic, socio-psychological point of view and more attention is paid to the legal theoretical characteristics of this phenomenon. A more detailed analysis of terrorism in the article shows that use of concept of terrorism, regardless of reasons for this, makes the fight against terrorism an ideological tool, posed together as a growing threat to human rights. Furthermore, this article analyzes the reasons of terrorism and provides tendencies for further development of global terrorism. When there is no clear definition of terrorism and its causal relations are acceptable to all, questions concerning the scope of the fight against terrorism arise. In this case, we cannot be sure that modern democratic countries use the correct definition of terrorism in all cases and do not violate the human rights when fighting against terrorists. Even more doubts about the actions of democratic countries participating actively in fight against terrorism arise. The uncertainty of terrorism concept is being used to conceal violations of the human rights.

In this article, the problem of terrorism is discussed in view of the peculiarities of legal nature. The phenomenon of terrorism is being analyzed by scientists in the political, economic, socio-psychological point of view and more attention is paid to the legal theoretical characteristics of this phenomenon. A more detailed analysis of terrorism in the article shows that use of concept of terrorism, regardless of reasons for this, makes the fight against terrorism an ideological tool, posed together as a growing threat to human rights. Furthermore, this article analyzes the reasons of terrorism and provides tendencies for further development of global terrorism. When there is no clear definition of terrorism and its causal relations are acceptable to all, questions concerning the scope of the fight against terrorism arise. In this case, we cannot be sure that modern democratic countries use the correct definition of terrorism in all cases and do not violate the human rights when fighting against terrorists. Even more doubts about the actions of democratic countries participating actively in fight against terrorism arise. The uncertainty of terrorism concept is being used to conceal violations of the human rights.

The executive power has a dominant role in the overall system of government, which is yet another feature of this Constitution. Some of the more important powers vested into the Government are legislative initiative and delegated legislature which is exercised through enactment of ordinances with a legal power equivalent to acts of law. This provision of the Constitution demonstrates a rather strong power of the executive within the system of the governmental institutions. The Constitution has been subject to multiple changes during the period of the 5th Republic of France. The recent changes were adopted in 2008. Irrespective of these changes, the principal features of the Constitution such as the principles of democracy, governmental model of institutions, have not been subject to radical changes. Yet, in general, one can observe the relative growth in importance of the Parliament and the Government as collective body of government. The French Constitution is also particular in other respects. For instance, it contains an institute for organic laws, features of human rights catalogue, the Constitutional Council with a power of constitutional supervision, etc.

The executive power has a dominant role in the overall system of government, which is yet another feature of this Constitution. Some of the more important powers vested into the Government are legislative initiative and delegated legislature which is exercised through enactment of ordinances with a legal power equivalent to acts of law. This provision of the Constitution demonstrates a rather strong power of the executive within the system of the governmental institutions. The Constitution has been subject to multiple changes during the period of the 5th Republic of France. The recent changes were adopted in 2008. Irrespective of these changes, the principal features of the Constitution such as the principles of democracy, governmental model of institutions, have not been subject to radical changes. Yet, in general, one can observe the relative growth in importance of the Parliament and the Government as collective body of government. The French Constitution is also particular in other respects. For instance, it contains an institute for organic laws, features of human rights catalogue, the Constitutional Council with a power of constitutional supervision, etc.

Freedom of speech is a legal category entrenched both in the Basic Law of the Federal Republic of Germany and the Constitution of the United States (in its First Amendment). Its content is disclosed in constitutional jurisprudence – i.e., the decisions of the Federal Constitutional Court of Germany and of the Supreme Court of the United States. Freedom of speech is a long-established category in the catalogue of basic human rights and freedoms. Nonetheless, it is not a static, unchanging legal category. The constant development of constitutional jurisprudence inevitably involves the concept of freedom of speech. This article presents German and American constitutional jurisprudence in the field of freedom of speech. Its constitutional problematics are revealed via analysis of one relevant decision from each of the respective courts: the Federal Constitutional Court of Germany and the Supreme Court of the United States. This allows for generalised conclusions to be made regarding freedom of speech as a constitutional category. The analysis performed in this paper allows for the establishment of a permanent evolution of the concept of freedom of speech, alongside the development of its content. It is concluded that freedom of speech is a fixed freedom, but not a freedom with unchanging content; it is not static, but rather shifting and, therefore, is an ever-relevant constitutional category.

While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state's constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transitional or additional provisions, and in some constitutions there can also be annexes. The article confirms that most constitutions begin with an introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered a significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts the constitution. The preamble is not only a political, ideological, and/or philosophical category; it undoubtedly also carries a legal burden, therefore it is considered to have legal validity. Preambles are characterized as having a so-called higher style; they are usually formulated not in compliance with the requirements of legal technique.

Abstract
While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state's constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transitional or additional provisions, and in some constitutions there can also be annexes.
The article confirms that most constitutions begin with an introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered a significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts the constitution. The preamble is not only a political, ideological, and/or philosophical category; it undoubtedly also carries a legal burden, therefore it is considered to have legal validity. Preambles are characterized as having a so-called higher style; they are usually formulated not in compliance with the requirements of legal technique.

As a response to current global trends in the field of higher education and studies, the attitude has become prevalent in the European Commission and among member states of the European Union (EU) that major reforms are required to help European higher education successfully compete under the conditions of globalization and a knowledge-based economy. Studies focused on student personal success and citizenship education are inseparable from technological advancement and international mobility opportunities, the integration of top international teachers, collaborative studies with students from various countries, as well as other factors that can help prepare open, tolerant, creative and well-prepared graduates. The quality of research and education remains a priority in European higher education. University management must be based on community spirit, the autonomy of academic units, as well as on a results-oriented approach leading toward greater efficiency and financial stability. The aim of the present article is to examine the effects of management innovations in higher education using the case of Mykolas Romeris University, as this learning institution was one of the first in Lithuania to apply the modern study management methods. The research goal is to determine whether or not there is a difference between general higher education trends in Lithuania and the trends observed at MRU. Descriptive statistical methods were applied in the data analysis, with the relations of the data, the indexes as well as speed of change calculated. Strength among links is assessed using the Pearson correlation coefficient. The article analyses the use of modern innovation management methods that have helped the university survive in the difficult conditions of greater competition and reduced state funding.