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The criterion of the sufficiency of legal reasoning in decisions of the panels of the constitutional court and its significance for ensuring the effectiveness of legal protection

Research output: Contribution to journalArticlepeer-review

Abstract

This article examines the requirement of sufficient legal reasoning in applications to the Constitutional Court of the Republic of Latvia and its importance for effective protection of constitutional rights. It focuses on the Court's panel practice at the admissibility stage, where insufficient legal reasoning is among the most frequent grounds for refusing to initiate proceedings. Drawing on statutory requirements and recent panel decisions, the article defines legal reasoning as a coherent set of legal arguments that connects the facts of the case with the claim for constitutional review and substantiates the alleged incompatibility between a lower-ranking norm and a higher-ranking norm, especially the Constitution. The analysis shows that sufficient reasoning must follow a clear methodological sequence: identifying the content of the contested norm, clarifying the content of the higher-ranking norm, and offering a reasoned comparative assessment that demonstrates a genuine normative conflict. The article concludes that this requirement is not merely formalistic but serves procedural efficiency, disciplines applicants and strengthens the quality and credibility of constitutional adjudication.

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords*

  • constitutional complaint
  • legal reasoning
  • admissibility criteria
  • Constitutional Court procedure

Field of Science*

  • 5.5 Law

Publication Type*

  • 1.2. Scientific article included in INT1 or INT2 category journal of ERIH database

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