Academic CentreSkatījums uz Satversmes konstitucionāliem algoritmiem: to loģika, lietderīgums un pamatotība
View of the Constitutional Algorithms of the Constitution: Their Logic and Validity
https://doi.org/10.22364/iscflul.8.1.07 | 74–100 | PDF
Ringolds Balodis, Dr. iur.
Latvijas Universitātes Juridiskās fakultātes profesors
Atslēgvārdi: Satversme, konstitucionāli algoritmi, kvorums, parlaments, konstitucionālisms, tautas nobalsošana, dalības un apstiprināšanas kvorumi tautas nobalsošanā, vairākums, parlamenta sēžu leģitimitāte
Keywords: Satversme (Constitution), constitutional algorithms, quorum, parliament, constitionalism, referendum, participation and approval quorums in a referendum, a majority, legitimacy of parliamentary sittings
Summary
The use of numbers in constitutions is quite widespread and, in some cases, in a constitution they may form some constitutional “formulas”, which are incorporated into the constitution with a special task, and the application of which has corresponding legal consequences. The current study will analyse a rather specific constitutional element – constitutional algorithms, which can be considered as an open legal concept, assessing their logic, usefulness and validity.
The constitutional algorithms resemble an instruction, – similarly to mathematics or computer science that cannot be ignored or overlooked – they make it possible to model a specific result while giving the participants of the constitutional process the opportunity to predict the consequences of their actions. Some of the constitutional algorithms (quorums) are oriented towards obtaining a majority, whereas there are also those that determine the exclusive rights of an opposition of parliament, ensure the election procedure, etc. The algorithms of the Latvian Satversme (Constitution) have been taken over from the constitutionalism process and also developed at the Satversmes sapulce (Constitutional Assembly), or adjusted in accordance with the procedure for amending the Satversme with the will of the Saeima (the Parliament of Latvia) as the constitutional legislator. All algorithms of the Constitution and their formulas must be considered as political compromises. The issue of the algorithms of the Satversme is important not only from the aspect of the science of constitutional law, but also from the aspect of the legitimacy of power and constitutional stability. Reasonable algorithms and quorums strengthen the functioning of the parliamentary democracy, while their disproportionality only protects the comfort of the political elite and over time destroys the foundations of the country by stifling any valuable change.