Iscflul.9.2.10

https://doi.org/10.22364/iscflul.9.2.10 | 109-124 | PDF

Hesi Siimets-Gross, Dr. iur., Associate Professor
Kate-Hamburger Kolleg, Munster, Germany
University of Tartu, Faculty of Law, Estonia

“Common Good” and “Loyalty to the State” Section: Discussions About Border Clause to Fundamental Rights and Freedoms in Estonian Constitution of 1937

Key words: 1937 Estonian Constitution, Fundamental Rights and Duties, “common good”, “loyalty to the state” section, authoritarian regime of Konstantin Pats

Summary
In comparison to the Estonian Constitution of 1920, in the Estonian of 1937, the basic rights were restricted to a greater extent, in particular through its general orientation and attitude. A particular part in it was performed by the “loyalty to the state” section (§ 8), being a general border clause. The article analyses the contemporary discussions at the drafting of the section. Firstly, it contained a “common good” clause, which was at the time used in Nazi Germany to restrict person’s rights and interpret law. Despite of the authoritarian state, the desire to limit arbitrariness of the state as much as possible is eminent in the debates.

The current paper has been published in the second collection of research papers in conjunction with the 9^th International Scientific Conference of the Faculty of Law of the University of Latvia “Revisiting the Limits of Freedom While Living Under Threat. II”, 9–10 November 2023. Riga: University of Latvia Press, 2024. 232 pages.