Summary

Under § 4 of the Estonian Constitution, the activities of the Riigikogu, the President of the Republic, the Government of the Republic and of the courts are organised on the principle of separation and balance of powers. Section 59 of the Constitution provides that legislative power is vested in the Riigikogu. However, in Estonia we do not have the absolute separation of powers. Instead, we have a system for organising the functions of state authorities and of the state. Although the Constitution states that the core legislative power is vested in the Riigikogu, a part of the legislative functions has been transferred to the executive power. Under clause 87 6) of the Constitution, the Government of the Republic issues regulations on the basis and for the implementation of laws. Thus, despite the separation of powers, a number of legislative functions have been assigned to the executive power.
Nevertheless, the possibility of the executive power to issue general legislation cannot be unlimited in a state based on the rule of law. The executive power can only act if so authorised by the legislator. The author analyses the objectives of delegating the legislative authority, the legal bases of delegation, the issues concerning the requirements for delegation rules, as well as issues regarding sub-delegation and the possible scope of secondary legislation. Further, the author points out the areas which cannot be delegated to the executive power for regulation. Finally, the author brings examples from the practice in the Supreme Court in delegation issues where the court has repeatedly established breaches of the principles governing the issue of regulations by the executive power.