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Before gaining its independence on 24 February 1918, Estonia was part of the Russian Empire. The legal acts that were in force in Estonia before the gaining of independence were not democratic – for instance, in the Russian Empire’s legal system, people were separated into categories on the basis of their class and titles. Nonetheless, it would have been unrealistic to declare blanket annulment of all laws that were in place prior to gaining of independence. Because of this practical factor, the Estonian legislator had to deal with intensive legislative work not only in the fi rst years of independence but throughout it. In addition to amending the laws valid under the Russian scheme or otherwise adapting them to the new democratic state, it was necessary to create a foundation for this new modern state and society. The foundation had to be created before particularities could be coherently tackled. That is why the most important task of this newly created republic was to build and ensure the persistence of a democratic state based on the rule of law. Accordingly, the number-one priority of the Estonian Constituent Assembly (the forerunner to the Estonian Parliament, or Riigikogu) was to develop the Constitution of Estonia. However, in Article 7 of the Estonian declaration of independence*2 it was stated that the Estonian Provisional Government had to instantly develop a draft for a law designed to resolve the ‘land question’ (this is dealt with in greater detail in Section 2 of the present article). The fi rst Constitution of Estonia was adopted in 1920.*3 The principle of rule of law was not written into it expressis verbis, but the elements of it were specifi ed therein.*4 Also, contemporary legal literature referred to Estonia as a state where the rule of law prevails.*5 Nowadays, the principle of legal certainty is an obvious component of the rule of law. Legal clarity and legitimate expectation are the two main principles

Land Reform and the Principle of Legal Certainty: The Practice of the Supreme Court of Estonia in 1918–1933