Įstatymo viršenybės, teisingumo, valdžių padalijimo idėjų genezė žmogaus teisių apsaugos kontekste
In the preambles of the Main law of many Countries (Constitution) we can find that one of the most significant objective of the nations is to strive for an open and harmonious civil society and lawbased state. This aim means that every country must be under the rule of law and the most important values are the human rights, fundamental freedoms. Each democratic country based on rule of law is responsible and accountable for ensuring human rights and fundamental freedoms enshrined in the international and domestic law. Of course, this does not mean that the state authorities should refrain from any interference into human rights and fundamental freedoms of individuals. The social nature of human beings pushes them for social interaction and each human being has his own interests which may not always coincide with interest of other individuals. Therefore, a state‘s high priority task is to ensure that every human being and the whole of society are protected by state from unlawful acts. The state is forced to take legal means to disclose the criminal acts committed by the individuals, and limitation of human rights and fundamental freedoms is inevitable. For this purpose, legislation granted law enforcement authorities in rights to use special investigative techniques as covert surveillance in conducting the prosecution. But idea of protection human rights and freedoms during investigation passed long way from philosophers thoughts till law. For better understanding it will be useful and valuable thing to do researches on genesis of the rule of law, justice, division of powers ideas in context of works of philosophical thought and its evolution through prism on protection of human rights and freedoms.
- Straipsniai / Articles