POIMANJE I OBEZBJEĐIVANJE LJUDSKIH PRAVA U SUDSKOJ PRAKSI AMERIČKOG VRHOVNOG SUDA
COMPREHENSION AND REALISATION OF HUMAN RIGHTS IN CASE LAW OF THE AMERICAN SUPREME COURT

Summary/Abstract: The fundamental social imperative of every political territorial unit should be the extensive protection of human rights. In the law and jurisprudence of the United States of America the s. c. vertical position remains preserved, which means that constitutional rights only give protection in a vertical direction, in other words, that they only protect citizens from the state (they are thus only s. c. negative rights – there is about the s. c. defensive comprehension of constitutional rights). However, in certain historical periods one can not overlook that other social forces also exist besides the state, which affect private persons with their factual power – non-state forces, not-state organs, individuals. However, for the effective protection of human rights it is also necessary to reestablish the effecting of constitutional rights against or among non-state subjects – individuals (in a horizontal direction). In American constitutional case law the s. c. “state-action doctrine” has therefore arisen, which reestablished the effecting of constitutional rights in private legal relations, namely in cases where the state is present in a certain manner or where there is a certain relation with the state. In this article the author presents the fundamental origins and developments of this doctrine, especially from leading s. c. Civil Rights Cases.

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