The Role of Constitutional Justice Institutions in the Protection of Vulnerable Groups

Abstract

AbstractAlthough the original function of the constitutional review was to protect the constitution against unconstitutional laws, constitutional courts are now also important elements of the system for protecting fundamental rights. The distinction between democratic and authoritarian constitutions can hardly be drawn by referring to anything other than human rights (especially rights of the most vulnerable groups) and their real protection in the state and society. Regardless of the importance of protecting vulnerable groups in a democratic society, there is little discussion about the way constitutional justice institutions contributed to the legal situation of vulnerable groups in general and about the enhancement of their protection in Lithuania, Latvia, Estonia and Poland in particular. Therefore, this chapter aims to shed more light on how constitutional justice institutions in these states have contributed to enhancing the protection of vulnerable groups. To achieve this, the following tasks have been undertaken: (1) to give an overview of the main challenges and achievements of constitutional justice institutions in the democratic transition; (2) to discuss the role of these institutions in the protection of human rights; (3) to identify the constitutional justice cases which most contributed to enhancing the protection of vulnerable groups, as well as to distinguish common trends in the constitutional jurisprudence of these states in the area discussed.KeywordsConstitutional justice institutionsVulnerable groupsProtection of human rights