About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 ICJ 1 (2018)

handle is hein.journals/icjuris4 and id is 1 raw text is: International Comparative Jurisprudence 2018 Volume 4 Issue 1 ISSN 2351-6674 (online) DOI: htrn://dx.doi.org/10.13165/jiici.2018.06.001 AS International Com-parative Jurisprudence CONFERENCE PRESENTATION: NA VIGARE NECESSE EST. LEX FUNDAMENTALIS SEMPER REFORMANDA1 Marek Zubik2 University (?f Warsaw, Poland E-mail: marek.zubik@wp.pl Received: 15 November 2017; accepted: 25 April 2018 DOP http://dx.doi.org/10.131651'.i2018.06.001 Abstract. The year 2017 saw the celebration of the 25th anniversary of the adoption of the Constitution of Lithuania and the 20th anniversary of the adoption of the Constitution of the Republic of Poland. This article presents the common constitutional heritage of these two countries primary as commonwealth est. in 1385 year and next as Polish-Lithuanian Union from 1569 to the end of the 18th century when we lost our independence. It sets out the main assumptions of the theory of the norms of basic law. The author also sums up the importance of legal culture and the social acceptance of the legal order set by a constitution as a fundament of democratic states. The author presents his reflections using metaphors from nautical terminology. Keywords: Constitution, theory of law, rule of law, constitutional heritage, constitutional values. Introduction If I had presented a paper in Vilnius three centuries ago, when, like Warsaw, the city was politically bound to both of our nations, I would certainly have done it in the language of Cicero. Today, the lingua franca is not Latin, but Shakespeare's language. However, I think that at least the title of my paper could be contain two ancient maxims, both of which were used in a specific context. The first refers to the Roman heritage that so strongly affected contemporary legal culture in our part of Europe. Sailing on Mare Nostrum3 was the basic communication method, allowing the spread of the culture of Civitas - Rome. Nautical phrases and considerations will be the main axis of considerations. The second sentence refers to the experience of the Roman Catholic Church in regard to its constant need to adjust organisational structures, with the unchanged deposit of doctrine (science). Both maxims are recognisable elements of our common culture, and I think they form a good introduction to scientific reflection on the meaning of basic law and the constant preoccupation with keeping it current. The keel laid under the construction of our two states' political systems is undoubtedly the same legal culture, dating back to the Latin tradition and saturated with the Christian vision of the dignity of every human being. The year 2017 saw the celebration of the 25th anniversary of the Constitution of the Republic of Lithuania of 25th October 1992. It also saw the 20th anniversary of the Constitution of the Republic of Poland of 2nd April 1997. Both constitutions, as binding normative acts, have already reached their mature years. The basic laws of Lithuania and Poland have not been in force for as long as the Constitution of the United States of America. 1 This speech was presented at International Scientific - Practical Conference 25th Aniversary of Constitution: Experience, Problems and New Challenges. The event was held on 27 October 2017 at the Parliament of the Republic of Lithuania. Conference organisers: University of Mykolas Romeris, Office of Seimas, Committee of legal affairs of Seimas, Ministry of Justice, Lithuanian BAR. 2 Professor at the University of Warsaw, Judge at the Constitutional Tribunal of Poland. ' For ancient Romans - Mediterranean Sea.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most