ABSTRACT

In this chapter, the authors examine the legal status of the Constitutional Court (CC) of the Republic of Latvia and its competence, and the role and importance of the Latvian CC in law-making from various perspectives. Law-making in the practice of the CC can be reflected in different forms: (1) the CC can establish legal norms based on the direct authorization of the legislator; (2) the CC develops the law at the constitutional level and also at the sub-constitutional level; (3) the CC can decide on the so-called legal lacuna cases and on others, establishing the content of a norm in accordance with today’s reality; and (4) the CC can provide legal regulation until new norms (after the judgement of the CC becomes effective) are passed. This chapter also points out relations between the CC and the legislator, and its reaction to the CC judgements.