The Constitution of the Republic of Lithuania () defines the legal foundation for all laws passed in the Republic of Lithuania. The first constitution of the contemporary republic was enacted on 1 August 1922. The current constitution was adopted in a referendum on 25 October 1992.

History

Statutes of Lithuania

The first attempt to codify the laws of Grand Duchy of Lithuania took the form of Statutes of Lithuania, with the First Statute in power in 1529. The document, written in Ruthenian language, fulfilled the role of the supreme law of the land, even including provisions that no other law could contradict it.

Constitution of 3 May 1791

thumb|left|Constitution of 3 May 1791 in Lithuanian language

In the 18th century the Polish–Lithuanian Commonwealth, a federal entity consisting of the Grand Duchy of Lithuania and the Crown of the Kingdom of Poland, faced a period of decline due to increasingly dysfunctional internal politics. In a belated attempt to rectify the situation, a constitution was adopted on May 3, 1791 – one of the oldest codified national constitutions in the world.

The new constitution abolished the liberum veto and banned the szlachta's confederations, features that had crippled decision making in the state.

The 1791 document remained in force for less than 19 months; after a brief war with Russia, it was annulled by the Grodno Sejm on 23 November 1793. By 1795, the Commonwealth was partitioned between Russian Empire, Kingdom of Prussia and Habsburg Austria, with most of the lands of the Grand Duchy under the Russian rule.

Interwar constitutions

thumb|1922 Constitution of Lithuania, printed in the 6 August 1922 edition of the Vyriausybės Žinios newspaper|left

During the closing stages of World War I, Lithuania declared independence on 16 February 1918. Three separate temporary constitutions were enacted on 2 November 1918, 4 April 1919 and 10 June 1920.

On 2 November 1918, the State Council adopted a constitutional act. At the time, it was still constrained by the decision of 11 July 1918, declaring Lithuania a constitutional monarchy, with close ties to Germany. In a changing environment, the council chose to adopt the constitutional act without specifying the form of government or the head of state, leaving the decisions to the Constituent Assembly (Steigiamasis Seimas).

On 4 April 1919, the State Council adopted modified Fundamental Principles of Temporary Constitution. The modifications were mainly notable for the introduction of the office of the President, in place of the Presidium of the Council.

The first permanent constitution of the Republic of Lithuania was adopted by the Constituent Assembly on 1 August 1922. It was a democratic constitution and resembled contemporary Western European constitutions, enshrining the main rights and freedoms of the people, political freedoms, political pluralism and a mechanism for democratic elections. The constitution envisioned a strong parliament (the Seimas) and a politically weakened president as the head of state. The constitution maintained a parliament, but assigned all of its functions, such as enacting laws, ratifying treaties, as well as drafting and executing the budget, to the President when the parliament was not in session. It was a transitional system, as the Provisional Basic Law did not reflect the changing economic and social relations and the evolving demands of the society and the state. Also over one-third of the Law was amended in a period of two years.

Over the next two years, work on a new constitution was done, with independent drafts prepared in 1990 and 1991. At the end of 1991, the Supreme Council established a commission tasked to prepare a draft constitution. The resulting proposal was approved by the Supreme Council on 21 April 1992, and presented to the public. An alternative draft constitution was prepared by a coalition led by Sąjūdis. The main difference between the two proposals was the balance between the various branches of government. The proposal approved by the Supreme Council envisioned a parliamentary system, while the alternative proposal suggested a presidential model.

Contents

thumb|right|[[File:FIAV 111100.svg|20px National flag and civil ensign. Flag ratio: 3:5]]

The Constitution of 1992 reflects the combined influence of the institutions and experiences of Western democracies as well as the Lithuanian tradition. Introductory provisions of the document (Chapter I) contain the fundamental principles of the State, placing high value on democracy, but also asserting the collective and individual right of defence against attempts by force to encroach upon "independence, territorial integrity, or constitutional order of the State". The provisions also disallow division of Lithuanian territory into any "state derivatives" — a reference to territorial autonomy as a solution to ethnic minority problems in the country. effectively prohibiting the membership in the Commonwealth of Independent States and similar structures. The very same article includes "The Constitutional Act of the Republic of Lithuania on membership of the Republic of Lithuania in the European Union", which recognises Lithuania as a member of the European Union.

Human rights

Fundamental human rights and democratic values, including freedom of "thought, faith, and conscience," are enshrined in the constitution, which also guarantees the status of legal person to religious denominations and allows religious teaching in public schools. In addition to personal, political, and religious rights, the constitution secures social rights. As already noted, these include free medical care, old-age pensions, unemployment compensation, and support for families and children.

Government

The power to govern is divided between the legislative and executive branches, with an independent judiciary acting as interpreter of the constitution and of the branches' jurisdictions, as well as arbiter of conflicts between them. The constitution clearly acknowledges the danger of concentration of power in a single person or institution. The legislature has regained its old name, Seimas, which was used in the interwar years. The executive consists of a president and a prime minister with a cabinet, known as the Government (executive only; Lithuanian: Vyriausybė). The judiciary is composed of the Supreme Court and subordinate courts (the Court of Appeals, district courts, and local courts). The Constitutional Court of the Republic of Lithuania, which decides on the constitutionality of acts of the Seimas, the President, and the Government, is an institution of the judiciary, completely independent from other courts. The Office of the Procurator General is an autonomous institution of the judiciary. Creation of special courts, such as administrative or family courts, is allowed, although establishing courts with "special powers" is forbidden in peacetime.

Parliament

thumb|left|[[Seimas Palace]]

thumb|Seimas, the parliament of Lithuania

The parliament of Lithuania is a unicameral legislature called the Seimas. The Seimas consists of 141 members, seventy elected from party lists on the basis of proportional representation and seventy-one from single-member districts. To be seated in the Seimas on the basis of proportional representation, a party must receive at least 5 per cent of the votes cast. The legislature is elected for four years. Candidates for the legislature must be at least twenty-five years old. Members of the Seimas may serve as prime ministers or Cabinet members, but they may not hold any other position in either central or local government or in private enterprises or organizations. The parliament must approve the prime minister and the cabinet, composed by the ministers — and also the prime minister, as well as their government programme. It also may force the government's resignation by rejecting twice in sequence its programme or by voting, in a secret ballot, to express its lack of confidence in the government.

The powers of the legislature are checked by a number of devices: first, by certain constitutional limitations; second, by the president as defined under the constitution; and third, by the Constitutional Court. Articles 64, 131, and 132 of the constitution circumscribe the ability of the Seimas to control the Government, especially the budget. Article 64 specifies the times of parliamentary sessions. Although extension is possible, ordinarily the legislature cannot sit longer than seven months and three days, divided into two sessions. The budget submitted by the Government can be increased by the legislature only if the latter indicates the sources of financing for additional expenditures. If the budget is not approved before the start of the budget year, proposed expenditures cannot be higher than those of the previous year. Finally, the legislature is not entrusted with making decisions concerning the basic characteristics of Lithuanian statehood and democracy. These are left to the citizens by means of referendum. Similarly, the initiative for making laws is not limited to the legislature but also belongs to the citizens, who can force the legislature to consider a law by submitting a petition with 50,000 signatures.

President

thumb|250px|[[Presidential Palace, Vilnius|Presidential Palace in Vilnius]]

The powers of the legislature are further checked by those of the president, who may veto legislation, both ordinary and constitutional, passed by the legislature. Laws are not promulgated without the signature of the President. A presidential veto can be overridden, but only by an absolute majority of the Seimas' membership. The President can also dissolve the Parliament if it refuses to approve the government's budget within sixty days or if it directly votes no confidence in the government. However, the next elected Parliament may retaliate by calling for an earlier presidential election.

The president is directly elected by the people for a term of five years and a maximum of two consecutive terms. The president is not, strictly speaking, the sole chief of the executive branch or the chief administrator. The Lithuanians borrowed the French model of the presidency, then adapted it to their needs. Candidates must be at least forty years old. To be elected in the first round, a candidate must win more than half of the total votes cast, with 50 per cent of the electorate participating. If fewer than 50 percent of the electorate turns out, a candidate can win in the first round with a plurality if he or she wins at least one-third of the total vote. If the first round does not produce a president, a second round is held within two weeks between the two top candidates, in which a plurality is sufficient to win.

The president is the head of state. The president also selects the prime minister and names the Cabinet on his or her advice (the prime minister and their Cabinet are subject to approval by the Seimas), approves ministerial candidates, and appoints the commander-in-chief of the armed forces — with parliament's consent. The President resolves basic foreign policy issues and can confer military and diplomatic ranks, appoint diplomats without legislative approval, and issue decrees subject to the legislature's right to later overturn a decree by legislative action. Generally, the president has greater power in foreign policy than domestic policy.

Finally, the president has considerable powers to influence the judicial branch. The president has the right to nominate (and the Seimas to approve the nomination of) three justices to the Constitutional Court and all justices to the Supreme Court. The president also appoints, with legislative approval, judges of the Court of Appeals. However, the parliament's consent is not required for the appointment or transfer of judges in local, district, and special courts.

The Constitutional Court's palace|thumb

Constitutional Court

The Constitutional Court checks both the legislative and the executive branches of government by ruling on whether their legislation and/or actions are constitutional. The court consists of nine justices appointed by the legislature, three each from the nominees of the president, the parliamentary chairman, and the Chief Justice of the Supreme Court. The president nominates the Chief Justice of the Constitutional Court. Cases for consideration by the Constitutional Court, however, may be brought only by one-fifth of the membership of the Seimas, the ordinary courts, or the President of the Republic.

See also

  • Law of Lithuania

References

  • US Country Studies/Lithuania
  • Official Constitution in English
  • The Constitution of the Republic of Lithuania - from the website of the Constitutional Court of the Republic of Lithuania