Konstitucinio Teismo aktų, kaip teisės šaltinių, konstitucinės doktrinos bruožai

Abstract

The points in time when acts of the Constitutional Court are valid is a very complex issue and, so far, the constitutional doctrine has brought to light only some elements of this problem. In case the retroactive validity of those acts is recognised, it will be an important step towards a wider constitutionality control. It goes without saying, the power of Constitutional Court acts is prospective. However, the Constitutional Court has distinguished some exceptional cases where the legal acts that are recognised as unconstitutional are invalid from the moment of their adoption, i.e. they are invalid retroactively. It attributed the unconstitutional acts that deny the most important constitutional values or overrule the power of an act of the Constitutional Court to such exceptional cases.