Põhiseadusevastaseks

Põhiseadusevastaseks is an Estonian legal term that translates to "unconstitutional." It describes an action, law, or decision that is found to be in conflict with the Constitution of Estonia. The Constitution is the supreme law of the land, and all other laws and governmental actions must conform to its provisions.

When a legislative act, government decree, or judicial ruling is deemed põhiseadusevastaseks, it means it violates fundamental rights, principles, or structures established by the Constitution. This assessment is typically made by the Constitutional Court of Estonia (Riigikohus), which serves as the ultimate interpreter of the Constitution.

The process of challenging something as põhiseadusevastaseks can be initiated by various parties, including individuals, legal entities, or even other branches of government. If the Constitutional Court finds an act to be unconstitutional, it can annul that act or declare it invalid, thereby preventing its enforcement or nullifying its effects. This mechanism is crucial for upholding the rule of law and protecting citizens' rights against potential overreach by the state. The concept of unconstitutionality ensures that all state power is exercised within the limits set by the fundamental law of the country.