No. 9

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The Judiciary and Separation of Powers

14 June 2004

Studies

RiTo No. 9, 2004

  • Poigo Nuuma

    Poigo Nuuma

    PhD, Tallinn University of Technology economic law chair docent extraordinary

According to the spirit and the letter (Article 4 and 146 provisions) of the constitution, the legislative, executive and judicial activity of the state is organized on the basis of separation of powers and the principle of checks and balances.

In reality there is no separation of powers if the judicial branch lacks self-rule and decision-making powers independent of the executive branch, which has been significantly cut back by amendment laws to the constitution. The independence of the Estonian judicial branch from the executive branch is abandoned completely by the Courts Act and the competence of the administrative director appointed to the courts of the first and second instance by the minister of justice, and likewise the removal of judges from the actual process of self-rule. This has significantly changed the principle of separation of powers in the constitution.

Full article in Estonian

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