The Constitution of the Republic of Estonia about Separation of Powers and Courts

Poigo Nuuma ()
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Poigo Nuuma: Department of Public Economy at Tallinn University of Technology

No 128, Working Papers from Tallinn School of Economics and Business Administration, Tallinn University of Technology

Abstract: Separation, balance and equality of powers as it is stipulated in ß 4 of the Constitution of the Republic of Estonia can not be taken lightly when applying it; instead, it should be based on the concept and provisions of the Constitution. Therefore, changing the concept of the Constitution is not in accordance with ß 4 and separating the court system into partly belonging under the administration of the executive power, taking the court system as a part of the law-enforcement body, considering the court of first instance and the appeal court to be independent solely on the fact that judges are sovereign in their rulings, excluding other activities of the court under the administration of governmental institutions, ignoring the restriction of fusion and allowing the right of the courts to self-regulate to be given to the Ministry of Justice and to its directors of administration to regulate. By that the concept of separation of powers that was adopted during the referendum has been altered and peopleís faith in the separation, balance and equality of legislative, executive and the court power (court system) has been lost. According to ß 4 of the Constitution of the Republic of Estonia, the court system should be separated from other powers and it should balance them and appear this way to the citizens in order for them to have trust in the courts as independent and objective institutions.

Keywords: Separation of powers; the Constitution of the Republic of Estonia; court system; legislative power; executive power; judicial power; Supreme Court of Estonia; Courts Acts; law-enforcement bodies; fusion; court of first instance; appeal court. (search for similar items in EconPapers)
JEL-codes: K10 K41 (search for similar items in EconPapers)
Pages: 10
Date: 2005
New Economics Papers: this item is included in nep-law
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Published in Working Papers in Economics, School of Economics and Business Administration,Tallinn University of Technology (TUTWPE), Volume 15, Pages 53-62

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