Parlamentārās kontroles nozīme pamattiesību aizsardzībā

Abstract

Parliament’s role in promoting of human rights cannot be overlooked either historically, or today. Parliaments were the first institutions, which started to promote human rights, especially at the era when judiciaries were appointed by the monarch and executives were fully controlled by royalty. Nowadays, human rights protection is predominantly entrusted to the judiciary, which by enjoying independence from executive power, holds the main safeguard position in promotion of human rights. However, the role of parliaments in protection of human rights should not be underestimated. First and foremost, parliamentarians are those in power who can be proactive in human rights protection not just within the legislative powers, but also in executing parliamentary control over the public administration. Courts are authorised to adjudicate individual cases only on the basis of action of individual, whilst parliaments can tackle systemic violations of human rights by means of parliamentary control, which can be addressed towards local authorities, as well as high-level officials of the executive power. Moreover, parliaments have extensive discretion in evaluating the actions of governmental officials, which can manifest itself as a removal of official from the position, executing parliamentary inquiry or even performing legislative parliamentary control.