An Overview of the Recent Case Law of the Constitutional Court of the Republic of Latvia

Abstract

The article highlights recent trends in the case law of the Latvian Constitutional Court with regard to the response to COVID-19, empowerment of marginalised groups, and protection of democracy. These developments emphasise the Court's role in upholding the rule of law, promoting equality, and safeguarding democracy in Latvia. During the pandemic, its rulings shaped the legal framework for managing the crisis while balancing public health against individuals’ rights. Analysis shows that the decisions on emergency measures, restrictions to fundamental rights, and executive powers ensured government actions' legality and proportionality, with the Court demonstrating commitment to empowering marginalised groups through case law addressing gender equality, LGBTQ+ rights, minority rights, and disability-related rights. The paper shows how, by providing legal protection and promoting inclusivity, the Court advanced the rights of marginalised communities while, additionally, protecting democracy remained a paramount concern for the institution, whereby it safeguarded the Latvian constitutional order, separation of powers, independence of the judiciary, and the rule of law. The discussion illustrates how vigilant scrutiny of legislation and government actions can preserve democratic values, uphold the integrity of institutions, and ensure accountability.