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Features of Modern Lithuanian Society’s Legal Identity Development: from Closed to Holed Society

100%
Šlapkauskas V.
Security Dimensions: International & National Studies
|
2018
|
vol. 26(26)
62-99
EN
During the last three decades, few essential transformations of Lithuanian society took place – from a closed (according to the terminology of H. Bergman and K. Popper) soviet society during a short period of open society functioning it evolved into a holed (according to P. Aleksandravičius) society. The Republic of Lithuania becoming the rule of law and creation of liberal democracy was a favourable context of the transformations mentioned. These transformations were ensured not only by establishment of free market economy but also by corresponding legislation and implementation of legal norms. The article analyses inter-directional methodological possibilities to reveal a legal identity of Lithuanian society. Creation of such possibilities is based on three ideas of Western civilisation: 1. The idea of compliance with the rules of common or social (now – public) behaviour. 2. The idea of legitimate powers of sovereign to create common (social or public) behaviour rules and to organize and control their implementation. It evolved into the idea of the rule of law. 3. The idea of natural rights and freedom. It evolved into the protection of human rights and freedom. Based on these ideas and analysis of peculiarities of the process of the Republic of Lithuania becoming the rule of law, there are justified five stages of Lithuanian society’s legal identity development.
2

European Constitutionalism as the Metatheory of the Construction of Legal and Political Reality and the Challenges for its Development*

63%
Bieliauskaitė J., Šlapkauskas V.
DANUBE: Law and Economics Review
|
2016
|
vol. 7
|
issue 1
41-52
EN
The latter European crisis reveals the fact that traditional agreements between governments of the Member States and supranational political and legal institutions of the European Union are not sufficient for the maintenance of European Union stability and integrity. Therefore, the political and legal sustainability of the European Union requires a certain metatheory as a methodology, which could essentially contribute to the coherent construction, interpretation and assessment of theoretical and practical issues of the European Union’s legal and political reality. This paper aims to explore two main questions: What is constitutionalism as a legal-political metatheory? What challenges are faced by this theory while addressing the specific EU legal-political reality construction problems? The results of the research reveal that constitutionalism as a metatheory is constituted by principles and values, which provide ideological support for the development of the nation, and performs a methodological function in the construction of legal and political reality. However, the EU’s political elite still seeks to legitimize constitutionalism as a political action theory, which, accordingly, legitimizes the respective legal policies it pursues. This process dangerously increases the gap between the EU’s political elite and the societies of its Member States.
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