Constitution and Constitutional Institutions of Estonia
The document
The Constitution (põhiseadus) was adopted by referendum on 28 June 1992 and entered into force on 3 July 1992. It has 15 chapters and 168 sections. Section 1 declares Estonia an independent, sovereign democratic republic in which supreme power is held by the people; section 3 states that state authority is exercised solely on the basis of the Constitution and the laws. The Constitution is directly applicable, and a court that finds a law unconstitutional in a case before it must refer the question to the Supreme Court rather than simply disregarding the law.
Who does what
- Riigikogu: 101 members, four-year term. Passes laws, adopts the budget, ratifies treaties, exercises oversight, elects the President, appoints the Chancellor of Justice, the Auditor General and the Chief Justice of the Supreme Court on the President's proposal, and can express no confidence in the Government.
- President: head of state, elected for five years, at most two consecutive terms. Promulgates or returns laws, nominates the Prime Minister, appoints ministers, is commander-in-chief and represents the state.
- Government: Prime Minister plus ministers, politically responsible to the Riigikogu.
- Supreme Court (Riigikohus) in Tartu: highest court and the constitutional review court.
- Chancellor of Justice (õiguskantsler): reviews legislation for constitutionality and oversees state bodies' compliance with good administration.
- State Audit Office (Riigikontroll): audits the use of public money.
- Local government: self-government is guaranteed, with councils elected for four years.
Worked example
The Riigikogu passes a law that restricts a fundamental right disproportionately. The President may refuse to promulgate it and return it within the constitutional time limit. If the Riigikogu re-adopts it unchanged, the President refers it to the Supreme Court, which may declare it invalid. The Chancellor of Justice may likewise propose that the Riigikogu amend it and, if refused, ask the Supreme Court to invalidate it. Reasoning: constitutional review is centralised in the Supreme Court.
Traps
Confusing the President's five-year term with the Riigikogu's four. Assuming the President is directly elected by the people. Treating the Chancellor of Justice as a prosecutor or court of appeal. Forgetting that the opening chapter on sovereignty and the closing chapter on amendment can only be changed by referendum.