Šiuolaikinė socialinės teisinės valstybės samprata

Abstract

There is a dual research topic distinguished in the doctoral dissertation. First of all, how the state, theoretically presuming a man‘s personal responsibility for his welfare, preserves its obligation to pursue certain social programmes. Secondly, what are theoretical foundations and tendencies of legal regulation of social policy of a social legal state at the beginning of XXI century and where are the limits of competence of a liberal state that respects an individual’s autonomy to ensure social security of an individual. These problems require to newly define the conception of a social legal state, which would enable to set and evaluate necessary legal regulation means for an individual’s social security. In the doctoral dissertation the contemporary conception of a social legal state is revealed through the research of social priorities of a democratic liberal state, the guidelines and principles of its functioning and the legal means of their realization. The research is divided into three stages. Firstly, the connections of the main legal regulatory directions of state social policy with moral foundations of the doctrine of human rights following from the principle of humanism are analyzed. Secondly, historical factors of legal institutionalization of solutions of social problems, their development and theoretical foundations are studied, the priorities of a social legal state and its operation guidelines are distinguished. Thirdly, the contents and importance of principles of legal institutionalization of solutions of social problems in the contemporary social legal state - subsidiarity, solidarity and social justice - to the state social policy are investigated, a system of these principles, which enables to evaluate the process of realization of socioeconomic human rights is formed, and the application possibilities of this system in Lithuania are overviewed.