Konstitucinių vertybių pusiausvyra ir jos pagrindimas konstitucinėje jusrisprudencijoje

Abstract

This article deals with the problem whether adjudication of conflict between human rights and public interest (in order to guarantee their balance) and its result in the context of the theory of Constitutional values is justified rationally. The purpose of the article is to examine the aspects of interpreting and application of the principle of balance of Constitutional values in the Constitutional jurisprudence. In order to reach this goal in the article it's analyzed: the derivation of the requirement of consistency of constitutional values, the settlement of consistent system of human rights in the constitutional jurisprudence, the situations of conflict between human rights and other constitutional values. The Constitutional Court chose one the way to settle this conflict in order to harmonize the human rights and public interest and to reach their balance - the restriction of human rights. The author of this article seeking to find the justification of the result of balancing of constitutional values examines the process of applying the third step of the proportionality test which is called the requirement of balance or the balance of conflicting interests and rights. It is concluded that the result of balancing of Constitutional values in the cases, analyzed by the author, is justified by it's Constitutional regulation demanding to limit non absolute human rights when it's necessary in the democratic society to safeguard public interest and by logical justification of the reached judgment.