Poimanje ustavnih prava prema Ustavu Republike Slovenije i u nekim komparativnim pravnim sistemima
Comprehension Of Constitutional Rights In The Constitution Of The Republic Of Slovenia And In Some Comparative Legal Systems

Summary/Abstract: The constitutional rights were from the developmental point of view at the beginning perceived only as defensive rights, oriented against the state which protect the individual (i. e. particularly their property and freedom) from the encroachment from the state (this are the s. c. rights of negative status). However, the development of the state and society from the s. c. liberal to the welfare state (and the s. c. cooperative state) caused the development of new functions of constitutional rights. The constitutional rights have got due to growing role of the state on a social sphere and due to a growing impact of non-statal subjects and relations between private subjects the role of s. c. objective value order, that has to be introduced in all social relations, also in relations between private subjects (horizontal legal relations). We could also confirm for the Slovenian constitutional system that are the constitutional rights besides their defensive function treated as value measures (value guidances). The judicial practice, especially constitutional court practice have to transmit the legal principles and/or values into legal rules, that are defined in a degree, that could be realised. The perception, that is represented also in comparative legal systems (Germany, Switzerland), where the constitutional rights are perceived as value norms (which means the duty of the state to protect and to assure them in a whole legal system) has been put into force in a new Slovenian Constitution in the first sentence of the first paragraph of Article 5 of the Constitution. The objective content of the constitutional rights can be seen from the placement in the Constitution and the position just after the Preamble and after the first chapter, that determines fundamental characteristics of Slovenia as democratic republic and law and welfare state. The constitutional rights are also an element of the state constitution as well as of the (social, state) integration. The constitutional rights are the basis for every human activity, particularly the activity of the state. This further confirms that the constitutional rights are fundamental values of the constitutional regulation (value guidelines), therefore the state (that means the legislative, executive and judicial branch of power) has to respect or/and not only protect the constitutional rights, but also to assure and to promote them in horizontal legal relations.

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