Summary

A constitution can develop in many different ways. Firstly, a constitution develops through changed customs, the so-called constitutional conventions. A second development path for a constitution is through constitutional court supervision. A third possibility for the development of the Estonian Constitution is our law as a member state of the European Union. A fourth development path for a constitution is the amendment of the text of the constitution. In the case of the amendment of the text, there are yet again three possibilities: the re-formation of the norms stipulated in the constitution, the addition of a new institution and a total revision of the constitution.

The author is of the opinion that the Estonian Constitution does not require a total revision. If the constitution is to be changed, then only in single issues. For example, the author considers it necessary to establish a separate constitutional court. Membership of the European Union and of NATO does not mean, in the author’s opinion, that procedures should be added throughout the text of our constitution that directly result from our membership. It is necessary, however, that the procedures be put in place in our legislation in a clearer manner. The author proposes that a body of legal experts be formed at the parliament in order to analyse the Constitutional Treaty for Europe, that study grants be established for research into constitutional law, and that a permanent roundtable on constitutionalism be created.