History Constitution of Estonia

1 history

1.1 first constitution (1920–1933)
1.2 second constitution (1934–1938)
1.3 third constitution (de facto 1938–1940, de jure 1938–1992)
1.4 fourth constitution (1992–present)

history
first constitution (1920–1933)

the first constitution reflection of jean-jacques rousseau s idea of national sovereignty. power split between judiciary, executive , legislature according principles of montesquieu. constitution provided high degree of public initiative , referendums. despite constitution being modelled upon montesquieu s ideas, there imbalance, since single-chamber riigikogu exercised extensive power on executive , judiciary, leading instability , frequent changes of government. head of state , head of government combined in post of state elder.

second constitution (1934–1938)

due chronic government instability (18 governments headed 10 state elders), attempts made redraft constitution. in referendum held in 1932, voters rejected 2 proposed drafts of new constitution, third draft, proposed populist estonian war of independence veterans league or vaps movement adopted in referendum in 1933 , came force on 24 january 1934. second constitution vested broad powers in head of state--still called state elder--while reducing size , power of riigikogu. state elder had power issue decrees force of law. in order prevent vaps movement coming power under new constitution, konstantin päts, serving prime minister in duties of state elder pending elections, seized power in bloodless coup d’etat on 12 march 1934. suspended constitution , initiated preparation of third constitution.

third constitution (de facto 1938–1940, de jure 1938–1992)

the third constitution, enacted on 1 january 1938, created bicameral national assembly, consisting of chamber of deputies , national council. national council, review , ratify legislation chamber of deputies, consisted of representatives local government, professional , vocational bodies, , high officials, while chamber of deputies directly elected people. change compared constitution of 1934 president no longer directly elected people, instead chosen electoral college consisting of both chambers of national assembly , additional representatives of local government. president vested broad powers, less powerful state elder of 1934 constitution.

a soviet-style constitution introduced illegally, not having been subjected referendum required third constitution, soviet-backed puppet government on 25 august 1940. based on 1936 soviet constitution. soviet estonian 1940 constitution replaced constitution in 1978, based on 1977 soviet constitution.

fourth constitution (1992–present)

the present constitution enacted after referendum on 28 june 1992. incorporates elements of constitutions of 1920 , 1938. while retaining presidency created in 1938, restores unicameral legislature established in 1920. explicitly asserts continuity estonian state existed between 1920 , 1940, , provides restitutive basis estonia’s independence. 1920 constitution, head of state--titled president after debate restoring old title of state elder--is largely ceremonial post. however, unlike 1920 constitution, government headed separate prime minister.