The Principle of Separation of Powers: the Case of Lithuania

What is it about?

The principle of separation of powers is one of the most important constitutional principles underlying the organization of public power. In interpreting this principle, the Constitutional Court of Lithuania has noted that it is a fundamental principle of organisation and functioning of a democratic state governed by the rule of law, which requires not only separation of the branches of government but also ensuring a balance between them. The constitutional rule stating that “in Lithuania, State power is executed by the Seimas, the President of the Republic and the Government, and the Judiciary" is the starting point for revealing the content of the principle of separation of powers enshrined in the Lithuanian Constitution. The article discusses the exercise of the legislative, executive and judicial powers by the public authorities specified in the Constitution and presents some cases of violation of the constitutional principle of separation of powers that have been examined by the Constitutional Court of Lithuania.

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