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Encyclopedia > Constitution of Lithuania
Lithuania

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Politics and government of
Lithuania
Image File history File links Coat_of_Arms_of_Lithuania. ... Lithuania is a multi-party, parliamentary democracy. ...



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The Constitution of the Republic of Lithuania (Lithuanian: Lietuvos Respublikos Konstitucija) defines the legal foundation for all laws passed in the Republic of Lithuania. It was approved in a referendum on October 25, 1992. The Constitutional Court of the Republic of Lithuania (in Lithuanian: ) is a special court established by the Constitution of the Republic of Lithuania of 1992; it began the activities after the adoption of the Law on Constitutional Court of the Republic of Lithuania on February 3, 1993. ... The following is a list of Lithuanian rulers — grand dukes, kings, and presidents — when Lithuania was a sovereign state or was regarded as a separate entity (i. ... President Valdas Adamkus Valdas Adamkus (born Valdemaras Adamkevičius on November 3, 1926) is the current President of the Republic of Lithuania. ... The Prime Minister of Lithuania is the head of the executive arm of Lithuanias government, and is chosen by the Lithuanian parliament. ... Gediminas Kirkilas ( (help· info), b. ... Seimas is the Lithuanian parliament. ... Political parties in Lithuania lists political parties in Lithuania. ... Politics of Lithuania Categories: Election related stubs | Elections in Lithuania ... There have been nine referendums in Lithuania since it declared independence from the Soviet Union on March 11, 1990. ... Map of counties and their capitals The territory of Lithuania is divided into 10 counties (Lithuanian: apskritys, singular - apskritis), all named after their capitals. ... Map of Lithuania Lithuania is divided into 10 counties (Lithuanian: singular - apskritis, plural - apskritys) that are further sub-divided into 60 municipalities (Lithuanian: singular - savivaldybÄ—, plural - savivaldybÄ—s). ... SeniÅ«nija (elderate or eldership in English) is the smallest administrative division of Lithuania. ... The European Union or EU is a supranational and international organization of 27 member states. ... Lithuania became a member of the United Nations on September 18, 1991, and is a signatory to a number of its organizations and other international agreements. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... For other uses, see Law (disambiguation). ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural referendums or referenda), ballot question, or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... is the 298th day of the year (299th in leap years) in the Gregorian calendar. ... Year 1992 (MCMXCII) was a leap year starting on Wednesday (link will display full 1992 Gregorian calendar). ...


The official English text of the Constitution is accessible from the document library of the Lithuanian parliament at [1].

Contents

History

Lithuania's first constitution was adopted on May 3, 1791 in an effort to reform the Polish-Lithuanian Commonwealth, consisting of the Grand Duchy of Lithuania and the Kingdom of Poland. However, it was short-lived and was never completely implemented. The Third Partitions of Poland took place in 1795 and the commonwealth ceased to exist when Lithuania became part of the Russian Empire. May 3rd Constitution (painting by Jan Matejko, 1891). ... Wikipedia does not have an article with this exact name. ... The Grand Duchy of Lithuania (Lithuanian: , Ruthenian: Wialikaje Kniastwa Litowskaje, Ruskaje, Żamojckaje, Belarusian: , Ukrainian: , Polish: , Latin: ) was an Eastern and Central European state of the 12th[1] /13th century until the 18th century. ... The Kingdom of Poland of the Jagiellons was the Polish state in the years between the death of Casimir III in 1370 and the Union of Lublin in 1569. ... The Partitions of Polish-Lithuanian Commonwealth (Polish: Rozbiór Polski or Rozbiory Polski; Lithuanian: Lietuvos-Lenkijos padalijimai, Belarusian: Падзелы Рэчы Паспалітай) took place in the 18th century and ended the existence of the sovereign Polish-Lithuanian Commonwealth. ... The subject of this article was previously also known as Russia. ...


After World War I, Lithuania declared independence on February 16, 1918. Three separate draft constitutions were presented on November 2, 1918, March 4, 1919 and June 10, 1920. The Constituent Assembly (Steigiamasis Seimas) did not adopt a constitution until August 1, 1922. It resembled modern Western European constitutions. In 1928 and 1938 new constitutions were adopted to reflect the authoritarian leadership of Antanas Smetona. In 1940 and 1978, new constitutions of Lithuanian SSR were adopted, similar to the other Soviet constitutions. “The Great War ” redirects here. ... A constituent assembly is a body elected with the purpose of drafting, and in some cases, adopting a constitution. ... Antanas Smetona Antanas Smetona (August 10, 1874 - January 9, 1944) was probably the most important Lithuanian political figure during the period between World War I and World War II. He was the first president of Lithuania from April 4, 1919 to June 19, 1920. ... State motto: Lithuanian: Visų šalių proletarai, vienykitės! Translation: Workers of the world, unite! Capital Vilnius Official language None. ...


Modern Constitution

Onset

Vytautas Landsbergis, the Chairman of Supreme Soviet
Vytautas Landsbergis, the Chairman of Supreme Soviet

On the day that Lithuania declared independence on March 11, 1990, its parliament adopted a provisional constitution, called the "provisional basic law," which established a framework for the new state's government. The constitution comprehensively listed guarantees of democratic rights and rules of democratic process, but basic elements of the Soviet-style government were maintained. Thus, legislative and executive functions were combined under the leadership of parliament, and the court system was kept totally dependent on legislative definitions and appointments. The legislature's name--Supreme Soviet, Lithuanian: Aukščiausioji Taryba--also was maintained. Its presidium became the foremost leadership body, and the chairman of the presidium became the chief of parliament, of state, and, in effect, of the executive. The provisional basic law, too, was made relatively easy to change. Image File history File linksMetadata Download high resolution version (2048x1536, 98 KB) Vytautas Landsbergis - leader of Lithuanian independence movement Sajudis in 1987-1990 - for works released per the GNU Free Documentation License by their creators. ... Image File history File linksMetadata Download high resolution version (2048x1536, 98 KB) Vytautas Landsbergis - leader of Lithuanian independence movement Sajudis in 1987-1990 - for works released per the GNU Free Documentation License by their creators. ... Professor Vytautas Landsbergis ( (help· info), born October 18, 1932) is a Lithuanian conservative politician and member of the European Parliament. ... is the 70th day of the year (71st in leap years) in the Gregorian calendar. ... Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ... Seimas is the Lithuanian parliament. ... The Supreme Soviet (Russian: , Verhovniy Sovet, literally the Supreme Council) comprised the highest legislative body in the Soviet Union in the interim of the sessions of the Congress of Soviets, and the only one with the power to pass constitutional amendments. ... The Presidium or Praesidium (from Latin praesidium meaning protection or defense so plural presidia or praesidia) is the name for the executive committee of various legislative and organizational bodies. ... It has been suggested that Speakers of the House be merged into this article or section. ...


Despite its revisions, the Soviet model quickly proved that it was not suitable for a new, substantively democratic system of government. It took two years of conflict and frustration, however, before contending parties agreed to a compromise between a parliamentary system of legislative superiority with a figurehead President and a presidential system in which the legislature would be coequal with the President. President is a title held by many leaders of organizations, companies, trade unions, universities, and countries. ...


Adoption

The constitution was approved by the voters in a referendum on October 25, 1992. Seventy-five percent of those voting favored the document. Thus, it was adopted by a solid majority, although the percentage of voters participating in the referendum was smaller (57 percent) than had been the case in most elections until then. Elections Part of the Politics series Politics Portal This box:      A referendum (plural referendums or referenda), ballot question, or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... is the 298th day of the year (299th in leap years) in the Gregorian calendar. ... Year 1992 (MCMXCII) was a leap year starting on Wednesday (link will display full 1992 Gregorian calendar). ...


Contents

The Constitution of 1992 reflects the institutions and experiences of the United States, France, and Germany as integrated into Lithuanian tradition. It also incorporates guarantees of a social safety network inherited from the Soviet Union. Lithuanian law is a part of a legal system of Lithuania. ...

 National flag and civil ensign. Flag ratio: 3:5
National flag and civil ensign. Flag ratio: 3:5

In its introductory provisions, the document not only places a high value on democracy but also asserts the right of defense against attempts by force to encroach upon or overthrow "state independence, territorial integrity, or the constitutional system" (Article 3). It also disallows division of Lithuanian territory into any "statelike structures"--an obvious reference to territorial autonomy as a solution to ethnic minority problems in the country. Furthermore, the status of Lithuania as an "independent democratic republic" can be changed only by a referendum and only if three-fourths of Lithuanian citizens approve it. Similarly, the first seventeen articles (which define the characteristics of the state, citizenship, state language, and symbols) and Articles 147, 148, and 149 (which determine the methods for constitutional changes or amendments) can be altered only by a referendum. Article 150 of the constitution forbids Lithuania from joining post-Soviet structures as is Commonwealth of Independent States. Finally, the constitution incorporates the declaration of independence of March 11, 1990. Image File history File links Flag_of_Lithuania. ... Image File history File links Flag_of_Lithuania. ... Image File history File links FIAV_111100. ... The flag of Lithuania is a horizontal tricolor of yellow, green and red. ... The civil ensign (a. ... Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states. ... Look up autonomy, autonomous in Wiktionary, the free dictionary. ... This article is about the concept of a minority. ... Citizen redirects here. ... An official language is a language that is given a privileged legal status in a state, or other legally-defined territory. ...  Member state  Associate member Headquarters Minsk, Belarus Working language Russian Type Commonwealth Membership 11 member states 1 associate member Leaders  -  Executive Secretary Sergei Lebedev Establishment December 21, 1991 Website http://cis. ... A declaration of independence is an assertion of the independence of an aspiring state or states. ...


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. Human rights are rights which some hold to be inalienable and belonging to all humans. ... For other uses, see Democracy (disambiguation). ...


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 Council of Ministers. 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 considered separate from the judiciary. The Office of the Procurator General is an autono-mous 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. A legislature is a governmental deliberative body with the power to adopt laws. ... The Politics series Politics Portal This box:      In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... Seimas is the Lithuanian parliament. ... An interbellum is a period between wars. ... A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. ... This article is about the governmental body. ... The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ... Court of Appeals or (outside the U.S. and in some American states) Court of Appeal is the title of a court which has the power to consider or hear an appeal. ... District courts are a category of courts which exists in several nations. ... The Constitutional Court of the Republic of Lithuania (in Lithuanian: ) is a special court established by the Constitution of the Republic of Lithuania of 1992; it began the activities after the adoption of the Law on Constitutional Court of the Republic of Lithuania on February 3, 1993. ... A procurator is the incumbent of any of several current and historical political or legal offices. ...


Parliament

Seimas Palace
Seimas Palace

The parliament 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 4 percent of the votes cast. An exception is made for ethnic minority groups, however, which do not need to pass the 4 percent threshold. 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 Minister or Cabinet member, 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, as well as his or her government and program. It also may force the government's resignation by rejecting twice in sequence its program or by expressing no confidence by a majority of legislators in secret ballot. Image File history File links No higher resolution available. ... Image File history File links No higher resolution available. ...


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. For the rental car company, see Budget Rent a Car. ...


President

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. Normally, 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. Image File history File links Metadata Size of this preview: 800 × 534 pixelsFull resolution‎ (2,366 × 1,579 pixels, file size: 2. ... Image File history File links Metadata Size of this preview: 800 × 534 pixelsFull resolution‎ (2,366 × 1,579 pixels, file size: 2. ... Lithuanias Presidential Palace Gardens at the Presidential Palace The Presidential Palace in Vilnius (Lithuanian: ) is the official residence of the President of Lithuania. ... Not to be confused with Vilnius city municipality. ... This article or section does not adequately cite its references or sources. ... Absolute majority is a supermajoritarian voting requirement which is stricter than a simple majority. ...


The President is elected directly by the people for a term of five years and a maximum of two consecutive terms. The president is not, strictly speaking, the 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, 50 percent of the voters must participate and a candidate must receive more than half of the total votes cast. If 50 percent of the voters do not participate, a plurality wins the presidency unless it constitutes less than 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. A plurality vote is sufficient to win.


The President is the head of state. The President also selects the Prime Minister (with the approval of the Seimas), approves ministerial candidates, and appoints the commander in chief of the armed forces--with legislative confirmation. 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.


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, legislative confirmation is not required for the appointment or transfer of judges in local, district, and special courts.

The Constitutional Court's palace
The Constitutional Court's palace

Image File history File links Metadata Size of this preview: 800 × 600 pixelsFull resolution‎ (871 × 653 pixels, file size: 384 KB, MIME type: image/jpeg) File historyClick on a date/time to view the file as it appeared at that time. ... Image File history File links Metadata Size of this preview: 800 × 600 pixelsFull resolution‎ (871 × 653 pixels, file size: 384 KB, MIME type: image/jpeg) File historyClick on a date/time to view the file as it appeared at that time. ...

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. The Constitutional Court of the Republic of Lithuania (in Lithuanian: ) is a special court established by the Constitution of the Republic of Lithuania of 1992; it began the activities after the adoption of the Law on Constitutional Court of the Republic of Lithuania on February 3, 1993. ...


See also

Lithuanian law is a part of a legal system of Lithuania. ...

References

  • US Country Studies/Lithuania

External links

  • The Constitution of the Republic of Lithuania - from the website of the Constitutional Court of the Republic of Lithuania
  • Links to Lithuanian law and government sites

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