Konstitucinio teismo nutarimų tipai ir jų poveikio teisės sistemai bei teisės taikymo praktikai ypatumai
Lietuvos Respublikos Konstitucinis Teismas |
Date Issued |
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2007 |
Under the Law on the Constitutional Court, the Constitutional Court, after it has considered a case, may adopt one of two rulings: either to recognize that the legal act is not in conflict with the Constitution or laws, or to recognize that the legal act is in conflict with the Constitution or laws. These are the most simple, classical ways of formulating the resolving part of the ruling. However, in practice the formulae "is in conflict" and "is not in conflict" are not sufficient, since of-ten the complexity ofthe considered matter does not permit that the decision be simply reduced to "yes or no", therefore, the formulations of the resolving part of the ruling are supplemented with certain partkularising elements; most often, the formula "to the extent that <...>" is employed in the practice of the Constitutional Court. In this article the most important features of different types of Constitutional Court rulings as well as some most conspicuous peculiarities of their impact on the legal system and practice of application of law are reviewed. The main attention is paid to namely those types of the rulings, which are distinguished by certain specific expression form of the assessment of the compliance with the Constitution (laws). [...].