Summary

The Chairman of the Legal Committee states in his article that the foundations of the Estonian legal system are laid down in the Constitution enacted by the people of Estonia, and, in particular, in Chapter II (Fundamental Rights, Freedoms and Duties) of the Constitution. Legal theory should play an assisting role in the legal system. The Riigikogu has the right and duty to implement the principles set out in Chapter II. In the formation of the legal system, the Riigikogu should pass laws and actively exercise supervision over the implementation thereof and over the activities of the executive power. In the opinion of the author, positions voiced by the Riigikogu in the consideration of bills should be the first sources of interpretation of Acts and lawyers should recognise their priority.
The article is based on a presentation made at the conference “Theoretical Foundations of the Legal System” held on 13 March 1998.