Summary

The term ‘public order’ may be considered to be one of the most multi-layered legal terms. It has its specific substance in international private and public law as well as in European Union law. In Estonian national law, civil law, penal law and administrative law (in connection with the latter, primarily the public law and order law where this term holds a significant place in the police and border guard acts, which form a general part of the public law and order law, as well as in the special areas of law and order such as alien law, meetings law, etc.) all use the term in their own meanings. Insofar as the Constitution also uses the concept of ‘public order’ as an undefined legal term, it can be assumed that above the ordinary provisions of law there exists a concept of ‘constitutional public order’ whose scope does not necessarily coincide fully with any of the previously mentioned areas.

This article probes thoroughly the substance of the concept of ‘constitutional public order’. In the analysis of its practical reasoning, the role of public order is to be a legal right that allows restriction of basic rights, which ties it to the requirements concerning the constitutionality of ordinary laws. If the Constitution allows restriction of basic rights to ensure public law, then what is that for which the basic rights may be restricted? The concept of ‘constitutional public order’ has given rise to debates; one of the most recent ones was the discussion about the extent of possibilities to restrict basic laws in the Maintenance of Law and Order Act.