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.

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