Separation of powers and the system of checks and balances in the constitutional model of a parliamentary republic as exemplified by the 1922 Constitution of Lithuania

This article presents a theoretical and legal analysis of the principle of the separation of powers and the functioning of the system of «checks and balances» within the constitutional model of a parliamentary republic established by the Constitution of the State of Lithuania of 1922. Attention is drawn to the historical context of the adoption of the Fundamental Law amid internal and external political instability, as well as to the influence of early 20th-century democratic ideas on the formation of constitutional provisions. The choice of a parliamentary system, oriented towards the experience of the French Third Republic and adapted to Lithuanian realities with features of an assembly system according to G. Sartori’s classification, is examined. The study analyzes the interaction between the branches of government, the distribution of powers among the Seimas, the President, and the Council of Ministers, and the mechanisms of their mutual dependence and control. The article highlights the role of the parliament as the leading authority and the dominance of the legislative branch over the executive and judiciary. Special attention is paid to the practical implementation of the system of «checks and balances,» including the dependence of the executive on the parliamentary majority, the limited powers of the President, and the specific nature of judicial control. The status of the judiciary proclaimed in the 1922 Constitution and its limited actual influence on other branches of government are also considered. The importance of administrative justice in controlling the legality of executive acts and resolving disputes between central and municipal authorities is emphasized. The study concludes that the 1922 Constitution established a model of a parliamentary republic with significant legislative dominance and limited capacities of the executive and judiciary. Deficiencies in the «checks and balances» system contributed to political instability during conflicts between the Seimas and the President in the interwar period. The article is based on the analysis of the text of the 1922 Constitution and contemporary scholarly research and contributes to a deeper understanding of the evolution of Lithuanian constitutionalism within the broader context of European state-building trends in the early 20th century.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-06-24
DOI
https://doi.org/10.24144/2788-6018.2025.03.1.6
Primary Topic
European and International Law Studies
Type
article
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article

Separation of powers and the system of checks and balances in the constitutional model of a parliamentary republic as exemplified by the 1922 Constitution of Lithuania

O. P. Panasiuk
Analytical and Comparative Jurisprudence
European and International Law Studies
article

Separation of powers and the system of checks and balances in the constitutional model of a parliamentary republic as exemplified by the 1922 Constitution of Lithuania

O. P. Panasiuk
article en

Abstract

This article presents a theoretical and legal analysis of the principle of the separation of powers and the functioning of the system of «checks and balances» within the constitutional model of a parliamentary republic established by the Constitution of the State of Lithuania of 1922. Attention is drawn to the historical context of the adoption of the Fundamental Law amid internal and external political instability, as well as to the influence of early 20th-century democratic ideas on the formation of constitutional provisions. The choice of a parliamentary system, oriented towards the experience of the French Third Republic and adapted to Lithuanian realities with features of an assembly system according to G. Sartori’s classification, is examined. The study analyzes the interaction between the branches of government, the distribution of powers among the Seimas, the President, and the Council of Ministers, and the mechanisms of their mutual dependence and control. The article highlights the role of the parliament as the leading authority and the dominance of the legislative branch over the executive and judiciary. Special attention is paid to the practical implementation of the system of «checks and balances,» including the dependence of the executive on the parliamentary majority, the limited powers of the President, and the specific nature of judicial control. The status of the judiciary proclaimed in the 1922 Constitution and its limited actual influence on other branches of government are also considered. The importance of administrative justice in controlling the legality of executive acts and resolving disputes between central and municipal authorities is emphasized. The study concludes that the 1922 Constitution established a model of a parliamentary republic with significant legislative dominance and limited capacities of the executive and judiciary. Deficiencies in the «checks and balances» system contributed to political instability during conflicts between the Seimas and the President in the interwar period. The article is based on the analysis of the text of the 1922 Constitution and contemporary scholarly research and contributes to a deeper understanding of the evolution of Lithuanian constitutionalism within the broader context of European state-building trends in the early 20th century.

Analytical and Comparative JurisprudenceVol. 1(3)
Human Growth Foundation (US)
Openalex Percentile: Top 79%
European and International Law Studies
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