The Social State in Constitutional Law
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Abstract
The present article seeks to disclose the main features of the social state and the aspects of the historical development of the doctrine of the social state. With respect to the fact that the concept of the social state presupposes the integral doctrine of social statehood, the article attempts to reveal at least in broad outline that the constitutional description of the social state, even though being thoroughly related to the extent of formulation of social rights and freedoms in constitutions, is not a crucial factor in the characterization of social statehood. While analyzing the historical development of social rights and freedoms of the people, the constitutional experience of the state of Lithuania is taken into consideration and the conclusion is drawn that social orientation of the state is reflected in the modern Constitution. An exceptional attention is paid to the official constitutional doctrine which is being formulated and expanded by the Constitutional Court. It is contended that a tendency to unite the features of the rule-of-law state and the social state into the integral concept of the democratic state is increasingly notable in constitutional jurisprudence.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.