03

https://doi.org/10.22364/juzk.80.03 | 35-48 | PDF

Īpašuma aizsardzība Satversmē

Protection of the Ownership by Satversme (Constitution)

Jānis Rozenfelds, Dr. iur.
Latvijas Universitātes Juridiskās fakultātes Civiltiesisko zinātņu katedras profesors

Summary
Constitution of Latvia of 1922 consisted of 88 articles. Chapter VIII of the Constitution addressing human rights’ protection became a part of the Constitution only in 1997. Article 105 provides that everyone has the right to own property. Article 105 of Constitution corresponds with the contents of the paragraph 1 of the First Protocol to the European Convention of Human Rights. Protection of the right to ownership as provided by the Constitution is carried out by the Constitutional Court of Latvia. The latter was established in 1996. The current report is based on the analysis of a significant number of judgements which have been handed down by the Constitutional Court in order to establish whether certain acts of legislation are compatible with the Constitution. The effectiveness of such protection could be achieved, if Constitutional court were to scrutinise each contested norm against the Constitution as a whole.

Atslēgvārdi: Satversme, tiesa, īpašums, princips, publiskums

Keywords: Constitution, court, property, principle, publicity