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The Principle of Equality in the Estonian Constitution: A Systematic Perspective

Published online by Cambridge University Press:  30 October 2014

Abstract

Summary of relevant Estonian Supreme Court jurisprudence – The equality principle as an enforceable subjective right which is binding on the legislature – Legal, not factual, equality – No requirement of unequal treatment of non-equals – Simple statutory reservation – Incomparability as a non-suitable criterion for determining the scope of the right to equality – Formation of comparison groups according to the most apparent violation – Special equality rights? – Original and ancillary equality application – Three different intensities of judicial review – Coherence.

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Copyright
Copyright © T.M.C. Asser Press and the Authors 2014 

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