Mykolo Römerio veikalas „Valstybė ir jos konstitucinė teisė“

Abstract

M.Römeris is one of the most efficient and universal mid-war period authors of Lithuanian law scientific works. The series of them “The state and its constitutional law” is a fundamental work summarising all his life research and is named the classics of law theory, constitutionalism and politology. Despite the fact that many law works of today and textbook authors are based on M.Römeris and particularly on his work, the creative work of the prominent mid-war period state and society figure, is still not properly comprehended and evaluated. He promoted a comparatively new law state idea in Europe and paid much attention to its analysis, consistently researched European law tradition, the issues of sovereignty and constitutionalism which are still significant nowadays when Lithuania has become an independent state and member of the European Union and NATO. The scientist analysis not only theoretical aspects of these ideas in his works but also their practical application: law ideas, law creation ideas and social, reality in “The state and its constitutional law” rise on the level of intensive mutual interraction, the inheritance of world law idea is revealed. The author expands the original theory through his comprehension and understanding in which the synthesis of liberalism doctrines and the ideas of social solidarity are becoming distinct. While analysing M.Römeris ideas in the context of A.Esmein classical democratical doctrine, L.Petrazycki intuitive law, H.Kelsen pure law theory and other law thinkers attitudes, we are sure of the fact that M.Römeris was maybe the closest to what forms the basis of law what can explain the form contents and its social significance. Both – in the first two volumes of “The state”: devoted to the state analysis, thoronghly discussing the main elements of the state understanding – the nation territory, government and the society problem in the state – and in the first volume “Sovereignty” of the second part of the works series “Constitutional institutions”, analysing the aspects of inner and outer sovereignty, the authors looks into every institution historically, reveals the social reasons of its formation, presents judicial acts as the result of the certain social status or social powers compromise. M.Römeris being fully aware of the historic laws, speaking about the tendencies of his life period state and law development, presents correct references to the future – discovering and pointing out the truths which we while creating a lawful state, put into the foundation. The most important thing which we find in “The state and the constitutional law” is understanding about the art of tolerance and compromise on the level of space for ideas and social reality. Not destructive competetive fight, but understanding and cooperation is the driving power of society progress in the democratic lawful state. While analyzing and reviewing the work, less investigated moments of M.Römeris theory have been focused on: the status of political parties, their significance in the state and the treatment of public opinion in fluence in the context of nowadays current actualities.