The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania
The function of constitutional courts has undergone significant transformation in recent decades. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants to the legislator. Some of these courts also control the absence of legislation or leg...
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| Format: | Article |
| Language: | English |
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Sciendo
2024-12-01
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| Series: | Baltic Journal of Law & Politics |
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| Online Access: | https://doi.org/10.2478/bjlp-2024-00014 |
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| author | Pūraitė-Andrikienė Dovilė Valuta Andrius |
| author_facet | Pūraitė-Andrikienė Dovilė Valuta Andrius |
| author_sort | Pūraitė-Andrikienė Dovilė |
| collection | DOAJ |
| description | The function of constitutional courts has undergone significant transformation in recent decades. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants to the legislator. Some of these courts also control the absence of legislation or legislative omissions. This article seeks to explore the approach of the Lithuanian Constitutional Court in handling cases of legislative omission, particularly focusing on its efforts to strike a balance between respecting the autonomy of law-making institutions and upholding the supremacy of the Constitution. The text addresses the extent to which the Constitutional Court has adhered to the principle of self-restraint, ensuring that its interventions do not unduly encroach upon the prerogatives of law-making institutions. To reach this, the following tasks are undertaken and dealt with: 1) to shed light on the concept and typology of legislative omissions in comparative constitutional law, as well as the trends of their investigation (including statistical data) in European countries; 2) to analyse the official constitutional doctrine formulated by the Lithuanian Constitutional Court on the concept of legislative omissions and the scope of the Court’s power to examine legislative omissions; 3) to analyse the approach of the Lithuanian Constitutional Court to legislative omissions from a quantitative point of view, i.e. to examine the statistics of this Court in dealing with legislative omissions and the reasons for its changes. |
| format | Article |
| id | doaj-art-47d70623743d417783b706f1258db737 |
| institution | Kabale University |
| issn | 2029-0454 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Baltic Journal of Law & Politics |
| spelling | doaj-art-47d70623743d417783b706f1258db7372025-02-02T15:47:45ZengSciendoBaltic Journal of Law & Politics2029-04542024-12-01172436010.2478/bjlp-2024-00014The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in LithuaniaPūraitė-Andrikienė Dovilė0Valuta Andrius11Senior Research Fellow; PhD. Law Institute of the Lithuanian Centre for Social Sciences, Lithuania2Researcher Law Institute of the Lithuanian Centre for Social Sciences, LithuaniaThe function of constitutional courts has undergone significant transformation in recent decades. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants to the legislator. Some of these courts also control the absence of legislation or legislative omissions. This article seeks to explore the approach of the Lithuanian Constitutional Court in handling cases of legislative omission, particularly focusing on its efforts to strike a balance between respecting the autonomy of law-making institutions and upholding the supremacy of the Constitution. The text addresses the extent to which the Constitutional Court has adhered to the principle of self-restraint, ensuring that its interventions do not unduly encroach upon the prerogatives of law-making institutions. To reach this, the following tasks are undertaken and dealt with: 1) to shed light on the concept and typology of legislative omissions in comparative constitutional law, as well as the trends of their investigation (including statistical data) in European countries; 2) to analyse the official constitutional doctrine formulated by the Lithuanian Constitutional Court on the concept of legislative omissions and the scope of the Court’s power to examine legislative omissions; 3) to analyse the approach of the Lithuanian Constitutional Court to legislative omissions from a quantitative point of view, i.e. to examine the statistics of this Court in dealing with legislative omissions and the reasons for its changes.https://doi.org/10.2478/bjlp-2024-00014legislative omissionlegal gapconstitutional reviewpositive legislator |
| spellingShingle | Pūraitė-Andrikienė Dovilė Valuta Andrius The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania Baltic Journal of Law & Politics legislative omission legal gap constitutional review positive legislator |
| title | The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania |
| title_full | The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania |
| title_fullStr | The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania |
| title_full_unstemmed | The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania |
| title_short | The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania |
| title_sort | self restrained positive legislator assessing the constitutional review of legislative omissions in lithuania |
| topic | legislative omission legal gap constitutional review positive legislator |
| url | https://doi.org/10.2478/bjlp-2024-00014 |
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