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Summary


Supervision over executive power is exercised by way of supervisory control where the activities of officials are monitored by their superiors.
In the Republic of Estonia, the judiciary exercises supervision over the activities of executive power mainly through the administrative courts. An important principle is that the courts do not hear matters on their own initiative, but at the request of others.
The legislature may exercise supervision over executive power by way of legislative procedure. However, in several countries, independent officials are appointed who monitor the legality of the activities of the state power. In Estonia, the only such independent parliamentary institution is the Legal Chancellor who reviews legislation of general application adopted by legislative and executive powers and local governments. However, the Legal Chancellor does not monitor legislation of individual application. For this purpose, the institution of ombudsman has been established in many countries. The function of an ombudsman is to protect citizens against arbitrary action and errors of officials. The author finds that such institution should also be established in Estonia to ensure better protection of the rights of persons.

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