Lietuvos konstitucionalizmo tradicijų formavimasis

ENIn Lithuania, the regulations attributable to constitutional law are (raced already in the acts-privileges of the sovereigns of the Grand Duchy, where one took care of the legal situation of the feudal lords, the simplest self-governance of cities, where certain more general things of the state-legal character were dealt with. Nevertheless, the rudiments of constitutionalism traditions are linked herein with the Statutes of Lithuania of the 16th century, with the provisions thereof on the organisation of state authority and the rights of nobility which already reflected the idea of a state under the rule of law. The Constitution of the Commonwealth of Both Nations of 1791 took over the principle of separation ofpowers, the rudiments of parliamentarism and the elements of independence of courts and human rights and freedoms from the Statutes of Lithuania. The Act of Independence of Lithuania declared by the Council of Lithuania on 16 February 1918, which declared the decision of the Nation to restore the independent state and proclaimed the state bonds with other countries enforced on it as no longer effective, became the foundation and programme of modern constitutionalism. The future constitutional development of Lithuania was directly influenced by the statements of the Act entrusting to the democratically elected Constituent Seimas to establish the foundations of the State of Lithuania and declaring that it will be governed on a democratic basis. While following the delineated guidelines, already the first provisional constitutional acts of Lithuania were able to reflect not only the requirements of the moment, but also the values of life of society and freedom of a human being.In addition, the Constitution of the State of Lithuania of 1922, which was considered as final (permanent), laid the democratic foundations of statehood – it emphasised a human being with the inherent innate freedoms, and, in the system of power and governance institutions, it gave clear priority to the representation of the nation. From the law of the Grand Duchy of Lithuania this Constitution took over the rudiments of a state under the rule of law and the principles of a state under the rule of law, separation ofpowers, inviolability of a person and others. The Constitution of 1922 is considered as an exceptional part of the Lithuanian constitutional heritage which gave the most valuable constitutional experience to Lithuania and which influenced the definitions of the Constitution of the Republic of Lithuania of 1992 that are effective now. Our constitutional democratic tradition is based on it. However, the constitutional foundations of the State of Lithuania were disturbed by the 1926 Lithuanian coup d'état which influenced the constitutionality of the development of constitutionalism. The constitutional consequences of the coup became obvious in April 1927, when it was dissolved and no new elections were appointed. The most typical feature of the new Constitution announced by the President (without participation of the Seimas) in May 1928 was a significant enhancement of powers of the executive, first of all, the president, by at the same time preserving also the appearance of parliamentarism. However, the constitutional provision on non-application of terms for the elections of the first Seimas postponed the convocation of the Seimas for unlimited period of time and sanctioned the transferring of the rights of the parliament to the president giving ground for its clear turn towards authoritarianism.