Mittehävitatav

Mittehävitatav is a term used in Estonian law to describe a legal provision that cannot be amended or repealed. The concept is rooted in the Estonian Constitution, which guarantees certain fundamental rights and principles that are considered essential for the functioning of the state and the protection of citizens' rights. These provisions are deemed so crucial that they are protected from legislative changes to ensure their enduring validity and effectiveness.

The term "mittehävitatav" is often applied to constitutional provisions that deal with matters such as the separation of powers, the independence of the judiciary, and the protection of individual rights. By making these provisions non-amendable, the Estonian Constitution aims to maintain a stable legal framework that supports the rule of law and the protection of citizens' fundamental rights.

The principle of mittehävitatav is a safeguard against arbitrary legislative changes that could undermine the constitutional order. It ensures that certain legal norms remain in place to provide a reliable basis for the functioning of the state and the protection of citizens' rights. This principle is particularly important in a democratic society where the stability of the legal framework is essential for the functioning of institutions and the protection of individual liberties.