A Critical Analysis of the Constitution Arising from the Practice of Constitutional Review
The presentation dedicated to the problems of the Constitution analyses the practice of constitutional review carried out by the Supreme Court to date.
During the seven years of activity, 40 cases of constitutional review have been handled. In half of the cases the matter was raised by courts of general jurisdiction or administrative courts, in 8 cases by President, and in 12 cases by Legal Chancellor. The main problems can be divided in three groups: (1) the legislation does not always take into account the general principles of law; (2) matters related to the rules of delegation, and (3) matters concerning the procedure of passing of laws. The presentation also deals with the issue of creation of a separate constitutional court independent of the Supreme Court. The author comes to the conclusion that presently the creation of a constitutional court in Estonia is not practical.