Provisional Constitution of the Republic of Lithuania (1990), as an example of transitional regulation between a socialist and a democratic state

Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Anglų kalba / English
Title:
Provisional Constitution of the Republic of Lithuania (1990), as an example of transitional regulation between a socialist and a democratic state
In the Journal:
Studia iuridica Toruniensia. 2018, 22, p. 121-146
Keywords:
LT
1990; Konstitucija; Sistema; Valdymas.
EN
1990; Constitution; Government; Lithuania; System.
Summary / Abstract:

ENIn the case of many „post-socialist” (or „post-communist”) countries, we were dealing with a temporary use of constitutional regulations originating from the previous political era. Most of them were subject to significant changes, of course, but they retained certain features of the old regime – including the very strong political position of parliaments, referring to the socialist (or Soviet) concept of unity and uniformity of state power. Poland is the example of such a state, where the July (1952) Constitution was in force, very much changed in the 1980s, but still not accepting the principle of division and balancing the authorities (till entry into force 1992 temporary constitution). A similar situation took place in Lithuania. The logical consequence of the adoption by the Supreme Council of Lithuania of the act of 11 March 1990, declaring the independence of the state, there were activities of the parliament of this country aimed at defining the constitutional principles of the state. It was obvious that the previous constitution of the Lithuanian Soviet Socialist Republic3 does not correspond to the conditions of a sovereign state. In this situation – Lithuanian parliament, the Supreme Council (Aukščiausioji Taryba) had several options. The first of them – and probably the most appropriate to the „restitution” character of declared independence – would be the real restoration of the binding force of the 1938 Lithuanian constitution. [Extract, p. 121]

DOI:
10.12775/SIT.2018.006
ISSN:
1689-5258; 2391-7873
Subject:
Related Publications:
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https://www.lituanistika.lt/content/90305
Updated:
2022-02-21 12:29:32
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