2-osios sesijos "Nauji iššūkiai teisės viršenybei" pagrindinis pranešimas

LTReikšminiai žodžiai: Konstitucija; Konstitucinis Teismas; Konstitucinė doktrina; Konstitucinės vertybės; Teisė; Teisės viršenybė; Žmogaus teises ir laisves; Constitution; Constitutional Court; Constitutional doctrine; Constitutional values; Human rights and freedoms; Law; Rule of law.

ENThis contribution is based on the responses of constitutional courts or equivalent bodies from various states to the questionnaire of the 4th Congress of the World Conference on Constitutional Justice. The contribution identifies and examines the internal and external threats and challenges that are faced by these constitutional justice institutions and that could undermine the foundations of the rule of law. The most common threats and challenges are the following: economic (financial) crises and corruption as two major threats to the rule of law identified at the national level, migration and terrorism as the main repercussions of international events and developments on the interpretation of the rule law, collisions between national and international law arising out of a different interpretation of law by national and international courts, as well as difficulties in the implementation of judgements of international courts and bodies. The contribution also defines the possible responses to these challenges and threats. The analysis of the identified challenges and responses is carried out, in particular, in the light of the substantive conception of the rule of law, which includes the goal to secure human dignity and ensure human rights. The results of the analysis show that the role of constitutional courts or equivalent bodies in this context is to preserve and maintain the core elements of the rule of law – the supremacy of the constitution, a fair balance between constitutional values, and harmony between national and international law – where the states experience such challenges as the need to manage economic crises, fight corruption, control migration, combat terrorism, or prevent and settle collisions with international law.The substantive conception of the rule of law binds the states to precluding temptations to restrict human rights in a manner that is incompatible with the general international legal criteria or temptations to avoid international obligations. On the other hand, it is acknowledged that challenges to the rule of law can at times be associated with positive opportunities to progressively develop the interpretation of the constitution, while strengthening the protection of human rights and other constitutional values and, ultimately, the consolidation of the rule of law itself. [From the publication]