Žmogaus teisių evoliucija: Lietuvos atvejis

Abstract

Universal perpetuum mobile encoded in the doctrine of the Constitution of the United States, which actually is a presupposed evolution of constitutional law rules, allowed the Constitution to remain viable and significant for more than 200 years. Appropriate parallels with interpretation of the national constitutional law rules developed by the Constitutional Court of the Republic of Lithuania, act as a significant protection factor of human rights and freedoms. The thesis presents a retrospective evolutionary analysis of some of the provisions of the Constitution of the Republic of Lithuania regulating fundamental human rights. As the jurisprudence of the national constitutional law was analyzed, four essential factors ensuring the protection mechanism of the human rights and freedoms were identified: stability of the Constitution, jurisdiction of the Constitutional Court, “creativity” of the Constitutional Court activity, and applincants' initiative. However, the question arises if this mechanism is effective enough and if it is capable of completely meeting the need of the human rights and freedoms protection in the state.