Values-based priorites in the Constitution of the Republic of Lithuania
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Abstract
1. It is characteristic to establish the priority of human rights in contemporary democratic constitutions of the European states. These constitutions subject the activity and the competence of the state's institutions for the realization of the aforementioned priority.
2. While celebrating the anniversary of 10 years of the existence of the Constitution of the Republic of Lithuania we should perceive it deeper in order to know what Constitution we have and how this constitution can be developed.
3. To perceive the Constitution first of all we have to understand which valuable priority – human rights or State – main constitutional provisions are based on or integrated from inside.
4. An analysis shows that the theoretical basis of the Constitution isn't homogeneous. It embraces some principles of the democratic state under the rule of Law (human rights are inborn (Article 18), State and it's institutions serve the people (Article 5), priority of the nation's sovereignty (Article 2) and etc.) and some signs of the traditional etatism also: an inclination to emphasize the role of the State impeding citizens to participate in the process of the legislation by establishing relatively high inquiries for them; also establishing the exceptional right of State's institutions to apply to the Constitutional Court and leaving citizens without this right in the structure of the Constitution the State takes the first place.
5. State's daily policy consolidates and extends the tendency of acting in the interests of the State in the larger extent than in the interests of citizens; this policy is characterized as the lack of „a strong attitude to give the priority for the protection of human rights“.
2. While celebrating the anniversary of 10 years of the existence of the Constitution of the Republic of Lithuania we should perceive it deeper in order to know what Constitution we have and how this constitution can be developed.
3. To perceive the Constitution first of all we have to understand which valuable priority – human rights or State – main constitutional provisions are based on or integrated from inside.
4. An analysis shows that the theoretical basis of the Constitution isn't homogeneous. It embraces some principles of the democratic state under the rule of Law (human rights are inborn (Article 18), State and it's institutions serve the people (Article 5), priority of the nation's sovereignty (Article 2) and etc.) and some signs of the traditional etatism also: an inclination to emphasize the role of the State impeding citizens to participate in the process of the legislation by establishing relatively high inquiries for them; also establishing the exceptional right of State's institutions to apply to the Constitutional Court and leaving citizens without this right in the structure of the Constitution the State takes the first place.
5. State's daily policy consolidates and extends the tendency of acting in the interests of the State in the larger extent than in the interests of citizens; this policy is characterized as the lack of „a strong attitude to give the priority for the protection of human rights“.
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Please see Copyright and Licence Agreement for further details.
