Žmogaus teisių ar laisvių esmę paneigiančių atvejų konstatavimas konstitucinėje jurisprudencijoje ir jų analizė
Constitutional Jurisprudentical Stating of the Cases when the Essence of Human Rights is Denied and their Analysis

Summary/Abstract: The aim of this research is to ascertain the legal regulation which violates the essence of human rights. In order to reach it the conception of the essence of human rights is analyzed and the cases when the Constitutional Court of the Republic of Lithuania stated that the essence of human rights is denied are analyzed. It is pointed that undeniable essence of human rights is the sphere of life or particular possibilities safeguarded by it, that is the main elements of human right wherefore it is valuable; these elements can’t be limited at any ordinary circumstances of state‘s existence. The requirement not to deny the essence of human rights is the requirement to the limiting of them, which obligates the legislator to respect this requirement. Otherwise the status of human rights as constitutional values, the requirement of the balance among constitutional values and the constitutional principle of a state under the rule of law will be denied. Characterizing the cases when the Constitutional Court of the Republic of Lithuania stated that the essence of human rights is denied reveals the conclusion that they are closely related and overflowing.

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