Konstituciniai vietos savivaldos pagrindai

Abstract

Self-government is prior to government of state. Having formed the governments, the government of state and local self-government were coordinated as two systems of public authority. Basis of local self-government has been consolidated in written constitutions in separate regulating laws. The Lithuanian Republic constitutional basis of local self-government is being discussed in the work, as the point of reference considering the Polish Kingdom and Grand Principality of Lithuania government law from 1791, which is called The Constitution of Polish-Lithuanian Commonwealth. Constitutional standards which have been consolidated in constitutions of the independent Lithuanian and Polish Republics as well as in the laws of the Lithuanian Republic local self-government are examined in the work. Examining the Lithuanian Republic basis of local self-government the author referred to two resolutions of Constitutional Court, from 1998 and 2002, where norms of constitutional local self-government are outlined. Analysis of the constitutional basis of local self-government covers up-to-date questions concerning the elections of a mayor. Linguistic and systemic analysis, historical-comparative and logical-analytical methods were applied. Both the Republic of Lithuania and the Republic of Poland had local self-government regulations changed very often. Analysis of the constitutional basis of local self-government allows to distinguish essential principles on which, according to constitution, local self-government is premised. In essence, different approaches were taken. In valid contemporary Constitution of the Polish Republic from 1997 local self-government is based on decentralization of public authority, that is why both state and public authority are mostly defined in terms of norms which consolidate assurance of human rights and freedom. Meanwhile, numerous statements consolidate the principles of self-government interests and lawfulness. In the Constitution of the Lithuanian Republic from 1992 major part of the regulations is dedicated to self-governmental institutions, to regulate the basis of self-governmental property, which is related with consolidation of principles of freedom of self-government. One of the brighter principles is the principle of lawfullnes.