| Abstract [eng] |
Constitution of the Republic of Lithuania sets the principal democratic values of society. Human rights assume special role in the system of constitutional values. Article 25 of the Constitution of the Republic of Lithuania establishes the right of a human being to have his own convictions and freely express them. Article 25 of the Constitution of the Republic of Lithuania establishes the right to everyone to have freedom to express his opinion and convictions and to freely impart them. This is an essential clause for the creation and protection of democracy. Constitutional freedom of expression is realised in ordinary laws. Article 25 of the Constitution of the Republic of Lithuania establishes the principle of freedom of expression that is realised in the Civil Code of the Republic of Lithuania, Law on Provision of Information to the Public and other ordinary laws. Freedom of expression, just like other constitutional human rights and freedoms, is not absolute. Employment of the freedom of expression faces such requirements that are required in the democratic society to protect the rights and freedoms of other human beings, as well as the constitutional arrangement. Ordinary courts (general jurisdiction and specialised), which examine cases for determining balance of freedom of expression and other constitutional values, must construe the content of constitutional rights of human beings. Decisions by ordinary courts in the cases of determining the balance of freedom of expression and other constitutional values must be based on the constitutional dimension of the freedom of expression and other constitutional values. |
