Legal principles derive mostly from the highest legal source of the state – the Constitution. They express the fundamental values on which the Estonian state is founded and form the basis of all other constitutional provisions and principles. The following list is neither exhaustive nor exclusive - it has been discussed, in practice and in legal literature, what is to be considered as the basic principles or constitutional principles of the Constitution. The Supreme Court has been rather modest when it comes to defining the fundamental principles and there is a difference in the approaches in legal literature. The following list of principles comes from Rait Maruste’s approach.
Principles on the basis of the Constitution of the Republic of Estonia
The principle of democracy
The principle of democracy is mentioned in § 1, § 3, § 10 and § 11 of the Constitution. It is also noted that the principle of democracy is aimed at the legitimacy of public authority, involving the establishment, legitimization and control of state organs and influencing all stages of the formation of political will. The principle of democracy emphasizes the obligation to formulate a political regime with particular characteristics, of which the widest possible involvement of citizens is an essential part. The principle of democracy is very broad in content and largely overlaps with other constitutional principles (rule of law, principle of republicanism, principle of legality).
The principle of republicanism
Estonia is a parliamentary republic. It is a characteristic feature of republican forms of government that the head of state be elected periodically, which differs from the monarchy in that there is no institute of a hereditary head of state. State power is exercised by the people through the people's elected representatives. Section 65 of the Constitution provides that the President of the Republic shall be elected by the Riigikogu. The President is an institution of executive power, but is not at the head of it – the head of state is controlled by the Parliament and his or her main function is to represent the state in international relations with other countries.
The principle of unitary state
Subsection 1 of § 2 of the Constitution stipulates that the land, territorial waters and airspace of the Estonian state are an inseparable and indivisible whole. Pursuant to subsection 2, Estonia is politically a unitary state wherein the division of territory into administrative units shall be provided by law. Hence, Estonia is a unitary state by its form of public order, which shows the division of the administrative territory of the state, the nature of the mutual relationships between administrative units and with the country as a whole. Unitary states have a single parliament, legislation and court system. Pursuant to the Constitution of the Republic of Estonia, there can be no autonomous national-territorial units within the Republic of Estonia.
The principle of legality
Subsection 1 of § 3 of the Constitution provides that the power of state shall be exercised solely pursuant to the Constitution and laws which are in conformity therewith. Thus the principle recognised in democratic countries, according to which the principle of legality shall be observed in exercising public authority (legislative, executive as well as judicial power), applies in Estonia. All major decisions made by the public authority shall be based on law. There are also other provisions of the Constitution that supplement the principle of legality. For example, pursuant to section 146 of the Constitution, justice shall be administered only by a court that is independent in its activity and administers justice in accordance with the Constitution and the laws. People's rights and freedoms, too, can be restricted only in accordance with the Constitution and in cases stipulated by the law. Section 15 of the Constitution provides that everyone whose rights and freedoms are violated has the right of recourse to the courts. The exercise of power shall be legal with regard to the content of legislation as well as the manner and form of the exercise of power.
The principle of the primacy of the generally recognised principles and rules of international law
Pursuant to section 3 of the Constitution, the generally recognised principles and rules of international law are an inseparable part of the Estonian legal system. These general principles consist in international common law, the rules of international conventions that the civilised world considers to be binding for a country even if the country has not committed to them (such as rules prohibiting racial discrimination).
The principle of the separation of powers
The principle of the separation of powers can be divided into two: the traditional separation of powers and the personal separation of powers. Traditional separation of powers means the separation of the legislative, executive and judicial power. The legislative power belongs to the parliament, the executive power to the government (the President is also part of the branch of executive power), judicial power is exercised by courts. However, this separation is usually not absolute. One power branch may to a certain extent deal with issues belonging to the competence of another branch. For example, the government also performs a legislative function by issuing regulations. Such a right of the government must have a constitutional basis and the main legislative function must still remain with the parliament. The opposite case may also be true. The legislative power has been given the functions of executive power to some extent. For instance, pursuant to subsections 7 and 8 of § 65 of the Constitution, the Riigikogu appoints the Chief Justice of the Supreme Court, the Chairman of the Supervisory Board of the Bank of Estonia, the Auditor General, the Chancellor of Justice, and the Commander or Commander-in-Chief of the Defence Forces on the proposal of the President of the Republic; the justices of the Supreme Court on the proposal of the Chief Justice of the Supreme Court. It is necessary that each power branch deal with its main function and the performance of other functions be in accordance with the Constitution. The independence of judicial power is important for ensuring independent and unbiased legal proceedings. Pursuant to section § 146 of the Constitution, courts shall be independent in their activity and justice shall be administered in accordance with the Constitution and the laws. The relationships of the judicial power with the other power branches are quite limited to ensure that the administration of justice be consistent with the principle of the rule of law. Personal separation of powers means that a person shall not be in the service of several power branches at the same time. Section 84 of the Constitution provides that upon assuming office, the authority and duties of the President of the Republic in all elected and appointed offices shall terminate, and he or she shall suspend his or her membership in political parties for the duration of his or her term of office. Pursuant to subsection 3 of § 147, judges shall not hold any other elected or appointed office, except in the cases prescribed by law.
The principle of human dignity
The principle of human dignity includes different elements. Firstt element is respect for and protection of physical integrity, which derives from § 18 of the Constitution, which prohibits the use of torture, cruel or degrading treatment or punishment. The second element is the guarantee of decent living conditions, which relates to 2 of § 28 of the Constitution, which establishes the right to state assistance in case of need. The third element of human dignity is the legal equality of human beings, which derives from 1 of § 12 of the Constitution. The fourth element is the preservation of a person's identity, which includes, for example, the right to human identity and informational self-determination. The fifth element is the right of everyone to decide freely. The sixth element is the principle of individual guilt, which states that a person may be punished for a specific act and no more than the seriousness of the offense. The seventh element is the right for a procedure for the protection of individual rights, which includes the right to be heard.
Generally recognised legal principles
In addition to the principles above, the generally recognised legal principles that are derived from law itself and with which legislation as well as the exercise of law must be in accordance should also be distinguished. Public authority is related to law as a whole which also encompasses the generally recognised legal principles that the Constitution as well as other legislation must comply with.
The principle of equal treatment
In Estonia, this principle is first laid down in the manifesto To All Peoples of Estonia”. According to the principle of equality of treatment, equal situations shall be treated in the same way. Unequal treatment of identical circumstances is discrimination.
The principle of proportionality
The principle of proportionality is derived from section 11, which provides that rights and freedoms may be restricted only in accordance with the Constitution and such restrictions must be necessary in a democratic society and shall not distort the nature of the rights and freedoms restricted.
The principle of legal certainty and legitimate expectation
According to the principle of legitimate expectation, a person shall have the right to exercise his or her rights with the reasonable expectation that the promises given to him or her will be upheld (for example, if a person has been awarded certain benefits, this principle helps to avoid the premature cancellation of the benefits). According to the principle of legal certainty, a person has the right to, for instance, resolve a dispute pursuant to the law that was effective during the event that constitutes the object of the dispute, and it is prohibited in criminal law to retroactively apply rules that impair the person’s situation.
Hearing of a matter within a reasonable time
This principle applies in judicial proceedings as well as administrative proceedings and is implemented above all in cases where the law does not specify the time limit for hearing the matter. The criterion of a reasonable time is based on estimation and depends on specific circumstances (such as the complexity of the case).