Konstitucijos socialinės prasmės
Lietuvos Respublikos Konstitucinis Teismas |
The present article seeks to disclose different social meanings of the Constitution, although, the motive of freedom is exclusively emphasized in constitutionalism, as well as the role of the Constitution while safeguarding the social harmony. The article contends that, while evaluating the historical experience of the development of constitutionalism, the most significant sign of the Constitution expressing its social meaning is the fact that the Constitution symbolizes the nation's struggle for freedom. Under certain circumstances, it was the struggle for human rights and freedoms whereas under other ones, it was the striving to create people's own state and to free them from oppression. In both cases, it was the struggle for freedom of man and nations, for legal and, undoubtedly, social justice. The objective of the Lithuanian Nation at the end of the 20th century to reconstruct its own state happened to be the objective of historical Justice grounded on legal moral values and the determination to reject the alien legal political structure. The article also highlights the fact that the modern constitutional doctrine does not contrast the social state with the rule-of-law state - they both constitute the inseparable entirety typical for the democratic concept of the state.