The role of the constitution
While it lies there it needs no constitution, no law, no court to save it. Suddenly a group of lawyers and judges appear and tell them what they can and cannot do. The result is not exactly purebred, but it worked and still works. This is how constitutional law acts unless it is illusionary or formal; it is a real and effective law that anyone can use and rely on.
There are three basic reasons this should be done: 1. Establishment of civil society — the building of substantial sources of power outside the state and, more often than not, against the state. Power today means politics, both internal and external.
Decisions of the Constitutional Court and Their Effects. The drafting and establishment of a new constitution laying down the basic values of statehood, fundamental rights, the main paradigms of the rule of law, independent administration of justice, and separation of powers.
Even if somebody does not like it or if the court does not always perform brilliantly, this is the logic and inevitability of the game.
Bucharestp. In addition to addressing the legal element, this would give us a great opportunity in broader terms to reflect upon, ponder, and analyse the situation of our statehood, and its functioning and development.
The short answer would be that it has fulfilled its historical mission but that it also requires renewal. Therefore, the building of constitutional democracy in Estonia has not nearly finished yet.
This makes us ask whether we have not reached a new state that requires a new constitutional text.
Importance of written constitution
In the discussion of the French Constitution in , Saint-Just said that people have one serious enemy — their own government. Such a system, even if it applies the provisions of the constitution and follows the letter of the constitution with the support of the state apparatus and courts, is only a rule-of-law state rechtsstaat. Power can be limited only by another power that is at least equal to the first. Still, to avoid being negative, I have to compliment the great role of the first period till now in the building of the constitutional legal system and development of the hierarchy of provisions and the tradition of lawfulness. There is reason to believe that, relying on our earlier experience of statehood and having lived according to our constitution and practising democracy for the past 15 years, while being in close co-operation with democratic states in Europe and elsewhere in the world, we have learned something. However, this does not mean that the decisions of the constitutional court are automatically political. Clever politics provide a socio-political explanation but need not do even that. The violations have often been committed by or with the help of power itself — the legislature and executive power. Other provisions simply need new legislative drafting. Secondly, it would be reasonable to secure ourselves with a well-functioning constitution in good times, so as to be prepared for bad times. It may therefore be noted that an important shift of mentality has taken place, while the legal source material, the text of the constitution, has remained the same.
based on 36 review