Vertybinis požiūris į konstitucinį reguliavimą, įtvirtinantį žmogaus teisių srities santykių pagrindus, ir iš jo išplaukiantys sunkumai.

Abstract

The values approach or value theory, which is used to interpret the content of the constitutional provisions in the sphere of human rights is under consideration in this article. The value theory is one of the theories which could be used to interpret the content of such constitutional provisions. It is concluded that the status of human rights as constitutional values is a methodological background for the Constitutional Court considering the content of constitutional provisions in this sphere. This status of human rights helps the Constitutional Court to deal with situations when a conflict between human rights and other constitutional values arises. In order to answer a question what kind of values qualify for use as reference points to constitutional interpretation, it is analysed whether a list of constitutional values exists and what their hierarchical order is (in the context of human rights or human rights and other constitutional values). The author addresses the problem of different levels of abstraction of the constitutional values in the constitutional jurisprudence. A possible way to solve this arising problem would be a higher level of abstraction identifying constitutional values. Seeking to answer the question where these values may be found, it is concluded that the sources of constitutional values are the text of the Constitution (its norms and principles) and its spirit (deduced from the whole constitutional regulation). [..]