Review of Central and East European Law最新文献_第2页

Constitutional Review as a Democratic Instrument 作为民主工具的宪法审查

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-12-21 DOI: 10.1163/15730352-bja10086

Kriszta Kovács, Gábor Attila Tóth

引用次数: 0

The European Convention on Human Rights and the Lithuanian Constitutional Court: the echr’s Formal Status, Impact and Interaction Between the Court and the ECtHR 《欧洲人权公约》与立陶宛宪法法院:欧洲人权法院的正式地位、影响和法院与欧洲人权法院之间的相互作用》

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-08-07 DOI: 10.1163/15730352-bja10081

Karolina Bubnytė-Širmenė

引用次数: 0

Doctrinal Experimenting with the Constitution in Lithuania: On the Structure of the Constitution, the Non-Amendability of Constitutional Provisions, and the Legal Force of ‘Pre-Constitutional’ Acts 立陶宛宪法的理论实验:论宪法的结构、宪法条款的不可修改性和“前宪法”行为的法律效力

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-08-07 DOI: 10.1163/15730352-bja10078

Egidijus Kūris

引用次数: 0

Bridging Between an Effective Economy and Environmental Protection Under the Lithuanian Constitution 立陶宛宪法规定的有效经济与环境保护之间的桥梁

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-08-07 DOI: 10.1163/15730352-bja10082

Agnė Juškevičiūtė-Vilienė

{"title":"Bridging Between an Effective Economy and Environmental Protection Under the Lithuanian Constitution","authors":"Agnė Juškevičiūtė-Vilienė","doi":"10.1163/15730352-bja10082","DOIUrl":"https://doi.org/10.1163/15730352-bja10082","url":null,"abstract":"\u0000In 1992, the Lithuanian Constitution created the preconditions for the stable and successful economic development of the state and laid down foundations for regulating economic relationships that ensure the predictability of economic, social, and legal relationships. The article analyzes how the concept of social justice as chosen by the drafters of the Constitution influences Lithuanian economic policy, as well as what foundations are consolidated in the Constitution for the economic system and freedom of individual economic activity. A brief study is presented in order to reveal the patterns of regulation of the Lithuanian economy in constitutional law, as well as the jurisprudence of the Constitutional Court in relation to freedom of individual economic activity over the thirty years that the Constitution has been in force. Study of this jurisprudence shows that, in the first decade of restored Lithuanian independence, freedom of economic activity was particularly encouraged by the Constitutional Court, with the aim of creating the foundations for a market economy as soon as possible. Later, the main aim of the state was to ensure Lithuania’s energy independence, while in the third decade of independence constitutional jurisprudence increasingly analyzed the possibilities of finding a balance between environmental protection requirements and economic freedom. The second part of the article examines the constitutional foundations for environmental protection and the constitutional doctrine interpreting them; it is maintained that environmental protection can, in accordance with the provisions of the Constitution, be recognized as an important public interest, which may justify restrictions on freedom of individual economic activity; however, these restrictions must guarantee a balance between the two constitutional values of environmental protection and freedom of individual economic activity.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"11 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86657858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Towards an Effective Constitution in Lithuania: the Role of the Constitutional Court 立陶宛制定有效宪法:宪法法院的作用

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-08-07 DOI: 10.1163/15730352-bja10079

Dovilė Pūraitė-Andrikienė

引用次数: 0

Thirty Years of the Constitution of Lithuania – Introduction to the Special Issue 立陶宛宪法三十年——特刊导言

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-08-07 DOI: 10.1163/15730352-bja10077

Egidijus Kūris, Dovilė Pūraitė-Andrikienė

引用次数: 0

The Principle of Separation of Powers: the Case of Lithuania 权力分立原则:以立陶宛为例

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-08-07 DOI: 10.1163/15730352-bja10080

Haroldas Šinkūnas, Dovilė Pūraitė-Andrikienė

{"title":"The Principle of Separation of Powers: the Case of Lithuania","authors":"Haroldas Šinkūnas, Dovilė Pūraitė-Andrikienė","doi":"10.1163/15730352-bja10080","DOIUrl":"https://doi.org/10.1163/15730352-bja10080","url":null,"abstract":"\u0000The principle of separation of powers is one of the most important constitutional principles underlying the organization of public power. In interpreting this principle, the Lithuanian Constitutional Court has defined it is a fundamental principle of the organization and functioning of a democratic state governed by the rule of law, which requires not only separation of the branches of government but also ensuring a balance between them. The constitutional rule stating that ‘in Lithuania, State power is executed by the Seimas, the President of the Republic and the Government, and the Judiciary’ is the starting point for revealing the content of the principle of separation of powers enshrined in the Constitution. This article discusses the exercise of legislative, executive and judicial powers by the public authorities specified in the Constitution and presents some cases of violation of the constitutional principle of separation of powers that have been examined by the Lithuanian Constitutional Court. These issues are analyzed in the context of challenges to the principle of separation of powers in other Central and Eastern European countries.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"11 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74971597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

How can legal interpretation change the legal order into legal disorder? (Lessons from the Czech Republic) 法律解释如何将法律秩序变为法律混乱?(捷克共和国的经验教训)

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-03-28 DOI: 10.1163/15730352-bja10075

K. Beran

{"title":"How can legal interpretation change the legal order into legal disorder? (Lessons from the Czech Republic)","authors":"K. Beran","doi":"10.1163/15730352-bja10075","DOIUrl":"https://doi.org/10.1163/15730352-bja10075","url":null,"abstract":"\u0000An opinion long prevailed in the Czech Republic that a judge is bound, in his decision-making, only by statutory law and by international treaties which, according to the Constitution of the Czech Republic, have priority over statutory law. The fact that a judge is bound by statutory law was mostly understood in that the judge is bound by the “word of the statutes”. A judge thus could not be formally bound by someone else’s interpretation of the statutes, i.e. by case law. However, both these basic assumptions began to change radically in the Czech Republic, especially following the adoption of the new Civil Code in 2012. This article therefore aims to present the transformations in the binding effect of case law in the Czech Republic at the beginning of the 21st century and, in doing so, it will concentrate on the yet insufficiently examined question of limits to judicial law-making in the sense of constructive interpretation of statutory law by courts.\u0000When a judge applies the law, and thus necessarily also interprets it, he must ask two fundamental questions: (i) Whether he/she is bound by interpretation of the statutory law which has already been provided by someone else, and the judge is thus obliged to adhere to this line of interpretation. (ii) How should he/she proceed in the interpretation, which comprises the question of what methods of interpretation he/she should use, in what order and what significance should be attached to these methods?\u0000The ambition of this article is to show why a “discursive” or “conditional binding effect of case law”, on the one hand, and a judge’s competence to interpret the law, on the other hand, can lead to fragmentation of the Czech legal order and contribute to transformation of the law from an order to a disorder, and how these unfavourable tendencies can be eliminated, or at least mitigated.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"19 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81813471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Poland’s Rule of Law Breakdown Continued: Judge Żurek’s Battle for Judicial Independence Within the European Human Rights Framework 波兰法治继续崩溃:法官Żurek在欧洲人权框架内为司法独立而战

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-03-28 DOI: 10.1163/15730352-bja10076

Alena Kozlová

引用次数: 1

The Temporary Transfer of Presidential Powers in the Czech Republic 捷克共和国总统权力的临时转移

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2023-03-28 DOI: 10.1163/15730352-bja10074

P. Köker

引用次数: 0