Ülle Madise appointed new Chancellor of Justice

Photo: Sander Ilvest

Yesterday, Riigikogu elected Ülle Madise, President’s legal adviser and constitutional law professor at University of Tartu, as Estonia’s new Chancellor of Justice with 72 votes for, nine against and two undecided.

Addressing the Riigikogu, Ms Madise said it was not difficult for a Chancellor of Justice to tread a professional, impartial and honest line; meanwhile, it is difficult to explain that whatever is deemed to be unjust is not always unconstitutional. «Even outright imprudence or stupidity, if you wish, may not necessarily be unconstitutional,» she said.

In her opinion, the «unconstitutional» argument is increasingly used to fight for one’s interests. «It is good, I guess, for people to know and to search the constitution and to appreciate its importance. It is bad, however, if people believe the society can only have one comprehension of justice – one’s own,» remarked Ms Madise.

According to Ms Madise, points of law are mainly needed when life does not automatically flow, when interests conflict, and the lawgiver must restrict somebody’s interests in the interest of somebody else. «And thus it is the common burden on Chancellor of Justice and Riigikogu to achieve this understanding in an increasing amount of people: Estonian state is established on liberty, justice and law, whereat the weighing of justice begins at elections. The structure of the tax system or the density of the social security net, this is firstly for the voter to decide – then the Riigikogu, not a jurist with no direct mandate by the people,» she said.

According to her, the Constitution ought not to be a hammer whereby the Chancellor of Justice or a court enforces their own world view or preferences. Therefore, she observed, the Estonian constitutionality surveillance system is rather good.

«It is right, in my opinion, that, when finding a point of law probably unconstitutional, the Chancellor of Justice and/or the President will first have recourse to the Riigikogu requesting they review the provision and, should Riigikogu share the understanding of the contester, then to align it with the Constitution. The declaration of invalidity of a point of law, which may occur at Supreme Court, is also legislation by nature and at times the decision that is made is very political in its character,» she said.

Also, Ms Madise assured everybody that, after she is sworn in, she’d quit hosting the «Vanamehed kolmandalt» political-analytical programme at Radio Kuku, and will continue at a very small load as professor.

The proposition to appoint a new Chancellor of Justice was made to Riigikogu last December by President Toomas Hendrik Ilves. The seven-year term of office of the current Chancellor of Justice Indrek Teder will expire on March 9^th.