Seeking a Balance Between Constitutional Restrictions and the Protection of Freedoms to Strengthen Democratic Resilience - MRU
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23 June, 2026
Seeking a Balance Between Constitutional Restrictions and the Protection of Freedoms to Strengthen Democratic Resilience
Law School
University

Last week, Mykolas Romeris University (MRU) hosted a roundtable discussion to present the bilingual peer-reviewed collection of scholarly articles, Constitutiones et Libertates: Human Rights in the 21st Century. The publication is dedicated to Professor Dr. Toma Birmontienė, a distinguished scholar whose research consistently explored the evolution of human rights while actively contributing to their promotion and protection. In the fields of health law and women's rights, she was among the first scholars in Lithuania to publish academic research, and her work has inspired many of the contributors to this volume.

Human Rights in the 21st Century

Human rights have undergone significant transformations in the 21st century. On the one hand, challenges to the rule of law, democracy, and geopolitical stability have created new obstacles to the effective protection of human rights. On the other hand, both the scope of human rights and the mechanisms for their protection have expanded considerably compared to previous decades. New rights related to climate change, digitalisation, and data protection have emerged; the rights of minority groups have gained increased recognition; and the protection of traditional human rights is being reassessed in light of rapid technological progress.

The publication brings together insights from legal scholars in Lithuania and abroad on how constitutions drafted and adopted in the previous century are adapting to contemporary human rights challenges. The articles examine the development of constitutional law in the field of human rights and the evolution of human rights protection doctrine. They also assess whether constitutional instruments are capable of responding to hybrid threats, the implications of artificial intelligence, and other defining phenomena of the 21st century.

The book is divided into two parts. The first explores whether constitutions remain capable of safeguarding democratic values—such as human rights and the rule of law—in an ever-changing legal, political, and technological environment. The second focuses on specific human rights issues, including freedom of thought and assembly, the right to asylum, women's rights, the protection of persons with disabilities, the right to privacy, the right to a healthy environment in the context of climate change, and the right to health.

Striking the Right Balance

During the discussion accompanying the book launch, participants emphasised that one of today's greatest challenges is finding the right balance between the necessity of restricting certain rights and the values those restrictions seek to protect. It was noted that the same fundamental freedoms—such as freedom of assembly and freedom of expression—may serve very different purposes: they can unite society in support of democratic ideals, as exemplified by the Baltic Way, or they can be misused to glorify aggression, such as during gatherings commemorating 9 May that praise the actions of the state responsible for the war against Ukraine.

For this reason, whenever individual rights and collective interests come into conflict, it is essential to maintain a fair balance between competing values and interests, ensure that human dignity is never compromised, and define the objectives of any restrictions clearly, taking into account the specific context and circumstances.

The discussion also highlighted the role of constitutional courts. Participants stressed that constitutional safeguards protect democratic values from disproportionate restrictions on rights, and that constitutional courts are among the key institutions responsible for upholding these safeguards. At the same time, it was emphasised that constitutional interpretation is not a mechanical exercise. The so-called "authentic" or purely literal meaning of a constitution is, in principle, an unattainable ideal, as constitutional doctrine inevitably evolves alongside societal change.

Therefore, it is equally important to establish clear limits that help prevent excessive judicial activism by defining what constitutional courts may and may not do. Against this background, the publication explores constitutional safeguards for protecting democratic values and proposes ways to improve the model of constitutional review.

Relevant to a Broad Audience

Dedicated to constitutional issues concerning human rights, the publication is primarily intended for scholars specialising in constitutional law and human rights, particularly those interested in comparative constitutional law. However, it will also be of interest to legal practitioners, lawyers working in public institutions, and a wider readership concerned with democracy, constitutionalism, and the future of human rights.

According to the editors, the publication aims to inspire further research and discussion on the future of human rights protection, the strengthening of democratic stability and resilience, and the defence of the rule of law—particularly at a time when these principles are increasingly tested by political developments.

The book will be available for purchase from 1 July at the Mykolas Romeris University Library (Ateities St. 20, Vilnius).