The problem of term limits of the head of state in various forms of government: comparative aspect ; Valstybės vadovo įgaliojimų trukmės problema valstybės valdymo formose: lyginamasis aspektas
The Dissertation covers the aspect of term limits of head of state and its links with the principles of national sovereignty, separation of powers and supremacy of the constitution in various forms of state government. The analysis of the concept of powers and term limits of head of state, put into the context of development of the global legal thought, uncovers progress in the scientific understanding of the concept and paves the way to the key arguments of the Paper (the right to establish term limits of authorities lies with the nation (John Locke); the term limit of authority is inversely proportional to the greatness of power (Charles Montesquieu). The study into the features and dynamics of constitutional regulation of term limits of head of state is based on the analysis of the relevant provisions in over 500 constitutions; as a result, the study establishes the development trends in the definition of term limits enshrined in the said constitutions. Another part of the study looks into the reasons behind the violations of constitutional provisions on term limits of head of state and analyses the dynamics of the said violations in monarchies and republics as forms of government, paying attention to the criterion of greatness of authority of head of state. On the basis of the present research, the author establishes the effectiveness of direct and inverse application of the rule formulated by Charles Montesquieu (the greatness of power must be compensated by the brevity of the duration). The work confirms the research assumption that vulnerability of constitutional provisions on term limits of head of state is proportional to the greatness of power. The author proposes to address this problem of constitutional regulation by using the inverse rule to the axiom of Montesquieu (the smaller the power, the less important its duration).