“A Pledge to Present and Future Generations”: The Preamble of the Estonian Constitution in the Protection of Fundamental Rights

This article sets out to examine how the idea of solidarity between generations is expressed in the Estonian Constitution, and how it has been interpreted in the constitutional practice of the Estonian Supreme Court and beyond. For this purpose, the article first deals with the relevant part of the preamble of the Constitution and then examines its “applications” in social and environmental issues. Finally, the article deals with the empowering of future generation's right to vote as probably one of the most controversial issues of intergenerational solidarity. The legally binding principle of solidarity between generations is derived from the preamble of the Constitution of the Republic of Estonia. As such, it serves as an aid in the interpretation and implementation of fundamental rights, above all when considering limitations arising from the general interest. However, due to difficulties inherent to such a concept—primarily because it is almost impossible to predict what will be good for future generations—this principle has not proved to be omnipotent. To strike down a law on the grounds that it will cause harm in the distant future, the probability of such harm must be high in the constitutional practice of the Estonian Supreme Court. Among other things, the principle of intergenerational solidarity would probably not be sufficiently powerful and practically applicable to justify giving future generations the right to vote. By allowing the present generations to predict the interests of the future generations, we will most probably end up not having empowered the future generations, but having equipped the members of the present generations with multiple voices, which would run contrary to the principle of “one person, one vote”. It is thus rather difficult to translate the idea of solidarity between generations into the language of fundamental rights. However, this solemn pledge, contained in the preamble of the Constitution, in Estonia, must and does constitute a prism through which each and every constitutional problem has to be seen.