Osiguravanje sigurnosti i ostvarivanje ljudskih prava kao temeljna zadaća moderne ustavne države sa osvrtom na njemački ustavnopravni poredak
German view on assurance of security and realisation of human rights as fundamental task of modern constitutional state

Summary/Abstract: The author in article discusses the conception of security as a fundamental human need and collective good and/or the recquirement for universal/comprehensive provision of protection of human rights by the state. The conception of security comprises nowadays different spheres of life (economy, technics/technology, domestic and foreign policy etc.) and doesn›t mean a certain real situation in the society at the present moment but (only) the normative goal of the state (ie. ideal) to which the state stroves within the framework of allowed possibilities (within the framework of legality and legitimacy).There is a great debate in constitutional discussions on a changed need for security and/or the enlarged conception of security, especially since the attack on World Trade Center on 11 of september 2001 in New York. The legal literature talsk about a kind of super-right – »the right to security« (German: »Grundrechtauf Sicherheit«) – as a legitimation of more rigorous safety measures. This follows especially from the papers of German theoretician of constitutional law Josef Isen-see, who has in 1982 published the treatise on the relation between the liberty and security, and who has opposed »the right to security« to s. c. »liberal doctrine of the defence of the state« (German: »liberale Staatsabwehrdoktrin«).However, the idea of »subjective right to security« hasn't reached the greater reception in German legal literature, due to objections of opponents indirection, that this would mean the desindividualisation of human rights,and that this would put the human rights in their contrast and open the way of abuses of human rights by the state.In a modern theory of constitutional law is much more emphasised that the conception of security should be understood above all as the realisation of legal goods, that are garanted by constitution (such as life, health, property, freedom, human dignity), which is the comprehensive task of every state (Staatsaufgabe), of all three branches of power of the state, that are obliged to realise it within the framework of legality and legitimacy.In German constitutional legal theory and judicature of German Federal Constitutional court prevails the s. c. doctrine of constitutional protective duties(German: »grundrechtliche Schutzpflichten«), which is the consequence of objective comprehension of human rights, which are not percieved only as defensive rights, but also as the value measures for the activity of entire power of the state (the objective dimension). At the same time the human rights request from the state the active realisation of legal goods protected by the constitution,and this not only in vertical, but also in horizontal legal relations.

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