Summary

The purpose of this article is to define the concepts of a fundamental right, freedom and duty, to analyse the relations between them and to classify fundamental rights drawing on the corresponding classification in the Constitution of the Federal Republic of Germany and on the principle theory developed by Robert Alexy. The German model was also used in the drafting of the Constitution of the Republic of Estonia. In analysing fundamental rights, their material and formal implications, their connection with subjective law and their semantic, genetic, historical comparative, systematic and objective-teleological arguments are examined. With respect to fundamental freedoms, a distinction is made between legal and factual, positive and negative, guaranteed and unguaranteed and constitutional freedoms. Finally, the author comes to the conclusion that there are no fundamental duties but, instead, powers conferred to the legislator which allow the restriction of fundamental rights.