IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this paper or follow this series

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

  • Poigo Nuuma

    ()

    (Department of Public Economy at Tallinn University of Technology)

Registered author(s):

    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.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL: http://deepthought.ttu.ee/majandus/tekstid/TUTWPE_05_128.pdf
    Download Restriction: no

    Paper provided by Tallinn School of Economics and Business Administration, Tallinn University of Technology in its series Working Papers with number 128.

    as
    in new window

    Length: 10
    Date of creation: 2005
    Date of revision:
    Publication status: Published in Working Papers in Economics, School of Economics and Business Administration,Tallinn University of Technology (TUTWPE), Volume 15, Pages 53-62
    Handle: RePEc:ttu:wpaper:128
    Contact details of provider: Postal: Kopli tn. 101, 11712 Tallinn
    Phone: +(372)620 3535
    Fax: +(372)620 3946
    Web page: http://majandus.ttu.ee
    Email:


    More information through EDIRC

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:ttu:wpaper:128. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Urve Venesaar)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.