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

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.