Iscflul.9.2.02

https://doi.org/10.22364/iscflul.9.2.02 | 24-32 | PDF

Jautrite Briede, Dr. iur., Associate Professor
Faculty of Law, University of Latvia, Latvia

Applying Principle of Equality in Case of Restriction of Rights

Key words: principle of equality, restriction of rights, rationality, constitutional review, judicial activism

Summary
The article analyses the practice of the Constitutional Court in the application of the principle of equality in cases where a legal norm establishes a restriction of rights. The article critically evaluates the fact that the court can declare a norm invalid only because a relevant restriction, which is otherwise necessary, appropriate and proportionate, has not been set for other persons who should have been subject to it. It is concluded that this can have serious negative consequences and violate the principle of rationality.

The current paper has been published in the second collection of research papers in conjunction with the 9^th International Scientific Conference of the Faculty of Law of the University of Latvia “Revisiting the Limits of Freedom While Living Under Threat. II”, 9–10 November 2023. Riga: University of Latvia Press, 2024. 232 pages.