The preamble of the Satversme: the new approach to constitutional self-restraint

Jarinovska, Kristīne (2014) The preamble of the Satversme: the new approach to constitutional self-restraint. Acta Juridica Hungarica, 55 (4). pp. 351-366. ISSN 1216-2574

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Abstract

The Constitution of the Republic of Latvia (the Satversme) is the oldest East Central European constitution still in force and the sixth oldest still-functioning republican basic law in the world. Nevertheless, for a long time it was praised for its laconic wording, sufficiency and precision of norms and yet substantial regulatory coverage. Moreover, along with the status of being oldest and perfectly shaped the Satversme has been an object of praise for its friendliness towards exercise of direct democracy. As a replica of traditions of the 1919 German Constitution it provides multiple forms of direct popular participation. There are some limitations, yet they are few. Similarly to the 1919 German Constitution the norms of the Satversme on direct popular participation became a tool for widespread populism questioning the basic values and the very existence of the Republic of Latvia. The solution for further attempts to trigger off constitutional instability was found within constitutional theory. Consequently, the Satversme is supplemented by the descriptive preamble enumerating core values of the Republic of Latvia and their historical, cultural or legal sources. The article gives an insight to the situation and presents a material for further analysis of the new adopted preamble.

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