PRACTICAL ASPECTS OF THE HIERARCHY OF CONSTITUTIONAL RIGHTS

Abstract

Historically, the development of the protection of human rights has been never consistent.1 Despite the fact that states acknowledged the exceptional importance of human rights, they were not enshrined in international law until the end of the Second World War.

Once fundamental rights were granted full legal standing, an individual was enabled to turn to a court for protection of his or her own rights. The main essence and meaning of human was hence clarified – protection of individuals from unjustifiable state interference. Consequently, positive and negative obligations were imposed upon the states.

The preamble of the 1948 Universal Declaration of Human Rights emphasized the universal, equal and non-derogable nature of human rights. Hence, the document excludes any hierarchical arrangement of the rights. However, over the years the conflict between fundamental rights has gained a considerable spotlight. This paper studies the question of granting different weight and importance to various rights and their interrelation to the development of the hierarchy of rights.