1.2 History of constitutional system

After attrition of Russian Imperia due to the 1st World War and revolution, on 18 November 1918 Latvia declared it as an independent republic. It was dine by the National Council. National Council's Political Platform that was adopted on 18 November 1918 defined the model of founding state in Latvia territory - 1) a republic based on democracy principles and 2) Latvia as associated, independent and sovereign State in the Union of Nations.

National Council's Political Platform stated also a political and economic system of the country, national defence, rights of other nationalities - cultural and national rights, political freedoms of press, expression, meetings and assembles. Election of local authorities was built on the same principles as election of the Constitutional Assembly. It was defined that the National Council is represented by political parties, national minorities and administrative areas of Latvia. On 19 August 1919 during its meeting the National Council adopted "The Law on Election of Latvian Constitutional Assembly". As a result the elected Constitutional Assembly became the first elected parliament of the Republic of Latvia. The Constitutional Assembly was entrusted constitutional function of the state that means a parliamentary function. The Law provided that Constitutional Assembly shall be elected in general, equal, direct, by secret ballot and proportional elections. Latvian citizens of both genders had rights to participate in the elections if they had reached the age of 21 on the first day when election lists had been prepared and if they lived in Latvia at the time when voters lists where made. Elections of the Constitutional assembly were held on 17th and 18th April 1920 and there participated 80% of the electorate.

The Constitutional Assembly came together on its first meeting on 1st May 1920. It faced two major tasks: 1) it had to elaborate and approve the basic law of the state - the Constitution and 2) it had to develop agrarian reform and start its realisation. The text of the Constitution was prepared based on several best practices available at that time in Europe - constitutions of France, Switzerland and the Republic of Weimar were used as examples.

On 15 May 1934 operation of the Constitution was partly stopped as a result of coup of the state; however the constitution was formally effective. By this authoritarian regime the state of emergency was declared, political activity was prohibited, the Parliament and other assemblies were dissolved or did not function; press was subject to censorship, local authorities, labour unions and other associations were controlled. The unity of nation was central idea of propaganda. Irrespective to the agreement of mutual help, the USSR occupied Latvia on 17 June 1940 and took over the power. Marionette government was created and soon after the Sovietisation of the state was carried out. During German Nazi occupational regime (22.06.1941.-05.1945.) parliamentarian activities were not renewed.

By the USSR totalitarian regime the last democracy signs disappeared. Free will of the nation became impossible - all parties were forbidden, except from the communist party. Similarly, freedom of assemblies and expression were throttled. Institutions of legal power - Supreme Council and local deputy councils of working people acted formally and under strong control of the Communist Party. In 1978 formal principles of Soviet system were fixed in the Constitution of USSR, including rights to dissolve from the Soviet Union. The Soviet Constitution included a set of general human rights. The constitution was declarative as it was unrealistic to appeal its violation acts.

At the beginning of 1980, active part of Latvian nation started using these Soviet formal principles and state structure to restore a democratic power of the nation taking advantage of global communism crises and legitimate actions of perestoika and glasnostj in the USSR. In the meantime from 4 May 1990 to 6 July 1993 together with efforts to restore democratic and independent Latvian State, the Constitution (Satversme) was gradually restored.

Constitutional law of the Republic of Latvia "On the status of the Republic of Latvia" stated renewal of the Constitution. It was adopted by the Supreme Council on 21 August 1991 taking into account declaration of 4 May 1990 "On Renewal of the Republic of Latvia". Results of national polling of Latvia of 3 March 1991 and taking into account the fact that USSR constitutional state power and administration institutions stopped their activities on 19 August 1991 as a result of the state coup in the USSR. The Constitutional Law declared a renewal of the Constitution (Satversme). It stated that the highest state power had to be realised by the Supreme Court of the Republic of Latvia until dissolution of the occupation and annexation and the convocation of the Parliament (Saeima). At that time only laws and decisions of highest state and administration institutions of the country were in force in the Republic of Latvia.

In general the Latvian Constitution adopted in 1922 has remained almost unchanged. The most essential amendment is the Chapter 8 "Basic human rights" that was added in 1998. In 2003 regulation on referendum due to participation of Latvia in European Union was added (Article 68).