The centenary of the Satversme – the Constitution of the Republic of Latvia – in 2022 was an impo... more The centenary of the Satversme – the Constitution of the Republic of Latvia – in 2022 was an important event for the State of Latvia. The Satversme is one of the oldest valid constitutions in Europe. Its fate is unique, making Latvia interesting in the context of comparative constitutional law.The authors of this article have examined the creation and evolution of the Satversme in the course of the last century, as well as analysed the current changes to the system of the Latvian State. Re-examining the instruments of direct democracy (referendum and legislative initiative), by expanding participation of the totality of Latvia’s citizens in public administration, has been outlined as a direction requiring improvements, likewise, “parliamentary weakness”, leading to judicial activism, is examined and leads to reflections on the need to increase the role of the President in the area of separation of powers, as well as control over the parliament and the executive power.
The direct application of the Constitution is the very essence of the concept of the Constitution... more The direct application of the Constitution is the very essence of the concept of the Constitution in the Western legal tradition. The Constitution is a real and enforceable legal act with the highest legal force, which is binding for everyone in the legal system. The principle of the direct application of the Constitution is reflected in the Central and Eastern Europe after the collapse of socialistic and Soviet regimes. Here, it was necessary to even formulate it as a written constitutional provision for ensuring of supremacy of the Constitution and rule of law. In case of Latvia, the direct application of the Constitution is self-evident and respected in the legal system. The Constitutional Court and the Supreme Court in few cases have formulated a strict obligation to ensure a direct application of the Constitution and especially the fundamental rights and freedoms.
The centenary of the Satversme – the Constitution of the Republic of Latvia – in 2022 was an impo... more The centenary of the Satversme – the Constitution of the Republic of Latvia – in 2022 was an important event for the State of Latvia. The Satversme is one of the oldest valid constitutions in Europe. Its fate is unique, making Latvia interesting in the context of comparative constitutional law.The authors of this article have examined the creation and evolution of the Satversme in the course of the last century, as well as analysed the current changes to the system of the Latvian State. Re-examining the instruments of direct democracy (referendum and legislative initiative), by expanding participation of the totality of Latvia’s citizens in public administration, has been outlined as a direction requiring improvements, likewise, “parliamentary weakness”, leading to judicial activism, is examined and leads to reflections on the need to increase the role of the President in the area of separation of powers, as well as control over the parliament and the executive power.
The direct application of the Constitution is the very essence of the concept of the Constitution... more The direct application of the Constitution is the very essence of the concept of the Constitution in the Western legal tradition. The Constitution is a real and enforceable legal act with the highest legal force, which is binding for everyone in the legal system. The principle of the direct application of the Constitution is reflected in the Central and Eastern Europe after the collapse of socialistic and Soviet regimes. Here, it was necessary to even formulate it as a written constitutional provision for ensuring of supremacy of the Constitution and rule of law. In case of Latvia, the direct application of the Constitution is self-evident and respected in the legal system. The Constitutional Court and the Supreme Court in few cases have formulated a strict obligation to ensure a direct application of the Constitution and especially the fundamental rights and freedoms.
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