| Abstrakt: |
Through the court application to the Constitutional Court of the Republic of Latvia the court can ensure that the norm, which has to be applied in a concrete court's case, corresponds to a legal rule of a higher rank. The aim of the current paper is to establish the reasons why courts decide to submit a court application to the Constitutional Court of the Republic of Latvia. The paper is divided into two parts. Firstly, the author gives a brief survey of the normative regulation regarding court applications. Secondly, the author reviews those reasons (factors), which motivate courts to submit an application to the Constitutional Court of the Republic of Latvia. These reasons do not necessarily arise from the regulation and can be established by analyzing the practice of the Constitutional Court of the Republic of Latvia. Still, it is useful to keep in mind that they cannot replace the single reason why the court applies to the Constitutional Court of the Republic of Latvia - in cases when the court discovers that the norm does not correspond to a legal rule of a higher rank. Finally, the author points out the main conclusions to which she has arrived through the analysis provided in the current paper. [ABSTRACT FROM AUTHOR] |
