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Presentation at the conference devoted to the fifth anniversary of the Constitution

Author:
Issue 1997/9
Pg 438-440

Summary


Democratic countries have established a constitutional jurisdiction system to monitor the constitutionality and legality of the legislative power. In Estonia, the Supreme Court acts as a constitutional court which has processed 24 applications for constitutional review after fours years of its operation. However, the author is of the opinion that the group of persons entitled to initiate constitutional review proceedings should be larger. At present, such right is enjoyed by the President of the Republic, Legal Chancellor and the courts.
The author finds that too little attention is paid to the Constitution upon adoption of legal decisions in Estonia which are often based on secondary legislation. Strict adherence to socialist norms prevails while values, ideas and principles are little relied on.
Currently, amendments to the Constitution are prepared. Although a continuous and in-depth analysis of the Constitution is beneficial, the author is of the opinion that the Constitution should only be amended when this is urgently needed.

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