The Chancellor of Justice of Estonia - an Innovative Interpretation of an Old Idea

The Chancellor of Justice is an institution almost forgotten. Created in 1713 in Sweden, it became a forerunner to the Ombudsman, an institution which is widely considered as vital if not essential in the democratic state. Quickly, it fell into the shadow of its younger brother. Nowadays, the Chancellor of Justice still exists in Sweden and Finland, focusing on legal matters as a controlling body to the state administration, supervisor of the bar, an expert and legal advisor to the government or supervisor of the freedom of press, with minor differences between the two states. Therefore it holds the position which is not far from the original idea. However, a new model has been born in neighboring Estonia, a country subjected to strong influences from Sweden and Finland. The Estonian version of this institution is quite innovative and unique. The Estonian Chancellor of Justice not only acts as an Ombudsman, but also plays a key role in the judicial review, and the mentioned are not the only powers vested in this constitutional body. Therefore it gains an unusually strong position and a possibility of shaping the institutional face of the reborn state. As far as competence is concerned, it does not find an equivalent in any other contemporary state. The paper will aim to present the Estonian Chancellor of Justice as a heir to the Swedish predecessor, creatively interpreting old principles and fitting them to a new environment. A comparison will be drawn between the Swedish and the Estonian model, pointing out which powers have been lost and in which spheres new ones appeared and what were the reasons for that. Lastly, the author will try to indicate the influence of this institution on the democratisation process of this post-communist state.