Teisėjų ir teismų nepriklausomumo principas konstitucinėje teisėje

Abstract

This scientific work deals with the problems of judges and courts independence principle. The independence of judges and courts is one of the essential elements of democratic society. Court is the only institution in the state which exercises justice. Therefore Constitution of state and other law must provide real independency of courts and judges. The author analyses, that the principle of the separation of powers specifies that the legislative, executive and judicial powers be separated and independent enough. In this respect, competency to each authority institution corresponding its mission is defined. In Lithuania the legislative power is implemented by the Seimas, the executive – by the President and the Government and judicial by the court. According to the theory of separation of state powers, court represents judicial branch. The Constitutional Court of Lithuania in its rulings has repeatedly expressed its opinion on the independence of judiciary. The independence of courts and judges is the whole complex guarantees of state legal system, which ensures self-independent institutional functioning of court, creates real possibilities for judges independently and freely exercise justice, recourse court from social, economical, political and other exterior and interior influence. And finally, the author noted, that the strength of judicial power must be interest and task not only for governmental bodies but the whole society also, because only independent court can be safeguard of democracies principles.