Constitution of Finland - AbsoluteAstronomy.com

For the constitution of the Grand Duchy of Finland
Grand Duchy of Finland
The Grand Duchy of Finland was the predecessor state of modern Finland. It existed 1809–1917 as part of the Russian Empire and was ruled by the Russian czar as Grand Prince.- History :...

see: Swedish Constitution of 1772
Swedish Constitution of 1772
Sweden's Constitution of 1772 took effect through a bloodless coup d'état carried out by King Gustav III, who had become king in 1771, establishing a brief absolute monarchy in Sweden. This was a response to perceived harm wrought upon Sweden by a half-century of parliamentarism during the...

The Constitution of Finland ( or ) is the supreme source of national law of Finland

Finland

Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...

. It defines the basis, structures and organisation of government

Government

Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...

, the relationship between the different constitutional organs, and lays out the fundamental rights of Finnish citizens. The original Constitution Act was enacted in 1919, soon after Finland declared its Independence

Finland's declaration of independence

The Finnish declaration of independence was adopted by the Parliament of Finland on 6 December 1917. It declared Finland an independent and sovereign nation state rather than an autonomous Russian Grand duchy.-Revolution in Russia:...

in 1917, but the current Constitution came into force on 1 March 2000.

Historical background and reform

Finland's current constitutional laws are: the Constitution Act of Finland (2000); the Parliament Act (1995); the Procedure of Parliament (2000) and the Act on the High Court of Impeachment (1995).

The fundamental principles of the Constitution Act of 1919 and the Procedure of Parliament of 1906 remained unchanged during the first fifty years of Finnish independence, as there was little pressure or need for any amendments to the Constitution Act. However, this did not prevent the Constitution from adapting to the changing needs of the day. The flexibility of the Finnish Constitution is due to the use of "exceptive laws," a distinctive feature of the Finnish system: instead of amending or changing the Constitution, an act may be made as an ad hoc exception to it. Such an exceptive law does not become part of the Constitution and it may be repealed like an ordinary act. Exceptive laws were formerly much used, even to the point of threatening to undermine respect for Constitutional provisions. Today, their use is limited.

The first major constitutional reform came in 1983, with the re-writing of many important provisions governing parliamentary procedure, mostly in the Parliament Act. However, the most extensive and important reforms came in 1987, when provisions on the holding of consultative referendum

Referendum

A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

s were added to the Constitution. The indirect form of electing the President of the Republic via an Electoral College was replaced by a system which combined the Electoral College with direct election, and the provisions governing the postponement of ordinary legislation were amended by shortening the period for which a bill could be postponed.

In 1991, the direct popular election of the President was introduced, with provision for a second ballot where necessary. The new system was used for the first time in 1994. The President's term of office was also limited to two consecutive terms of six years, and the President’s powers were also limited in that he or she could henceforth only dissolve Parliament on receipt of a reasoned request from the Prime Minister and having first consulted the Speaker and the party groups in Parliament, and only while Parliament was in session.
The 1991 reform also amended the provisions in the Constitution Act and the Parliament Act relating to State finances.

The extensive reform of Basic Rights in Chapter II of the Constitution Act came into force in August 1995, and the remaining powers of a one third minority to postpone ordinary legislation to the next Parliament were now abolished, marking the final transition to majority parliamentarism in respect of ordinary legislation.

The need to integrate and update the constitutional legislation was seen by this time as being urgent. For instance, while in most other European countries constitutional provisions are all contained within a single constitutional act, in Finland, they were fragmented and contained across several acts.

The process of constitutional reform began in the late 1990s, after Finland's accession to the European Union

European Union

The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

, partly because of the arguments which had emerged between the Parliament

Parliament of Finland

The Eduskunta , is the parliament of Finland. The unicameral parliament has 200 members and meets in the Parliament House in Helsinki. The latest election to the parliament took place on April 17, 2011.- Constitution :...

and the President when arrangements were being made for decision-making in European affairs, such as whether the President should participate in the meetings of the European Council together with the Prime Minister.

In 1995, a working group of experts, the Constitution 2000 Working Group, was appointed to examine the need to consolidate and update the constitutional legislation. The Working Group proposed that all constitutional provisions be brought together into a single statute and concluded that the most important questions of constitutional law to be addressed in the reform were the reduction of the scope of constitutional regulation, the development of relations between the highest organs of government, the clarification of questions of power and responsibility in international affairs, and constitutional recognition of European Union membership. The Working Group also drew up a proposal for the structure of the new Constitution.

After the Working Group had delivered its report, in 1996 the Government appointed the Constitution 2000 Commission to draft a proposal for a new, integrated Constitution to come into force on March 1, 2000. The Commission was instructed to draft its proposal for a new Constitution to replace the four existing constitutional laws in the form of a Government bill. The Commission completed its work on June 17, 1997, and during 1998, the bill was considered by the Constitutional Law Committee, which finally produced its unanimous report on the bill in January 1999. On February 12, Parliament gave its approval for the Committee's proposal for the new Constitution to be left in abeyance until after the parliamentary elections. The new Parliament elected in March 1999 approved the new Constitution in June that year and it was ratified by the President of the Republic.

Structure

The official text of the constitution consists of 131 Sections, divided into 13 Chapters, as follows:

Fundamental provisions
Basic rights and liberties
Parliament
Parliament of Finland
The Eduskunta , is the parliament of Finland. The unicameral parliament has 200 members and meets in the Parliament House in Helsinki. The latest election to the parliament took place on April 17, 2011.- Constitution :...

and the Representatives
Parliamentary activity
The President of the Republic
President of Finland
The President of the Republic of Finland is the nation's head of state. Under the Finnish constitution, executive power is vested in the President and the government, with the President possessing extensive powers. The President is elected directly by the people of Finland for a term of six years....

and the Government
Government of Finland
Finland is a republic with a representative democracy governed accordingly to the principles of parliamentarism. Legislative power is vested in the Parliament of Finland . Executive power is exercised by the Cabinet, officially termed Council of State , which is led by the Prime Minister, the Head...
Legislation
State finances
International relations
Administration of justice
Judicial system of Finland
Under the Constitution of Finland, everyone is entitled to have their case heard by a court or an authority appropriately and without undue delay. This is achieved through the judicial system of Finland.The Finnish judicial system consists of...
Supervision of legality
Administration and self-government
National defence
Final provisions

Fundamental provisions and basic rights

The opening chapter on fundamental provisions continues the affirmation of Finland's status as a sovereign Republic, the inviolability of human dignity and the rights of the individual, and the sovereignty of the Finnish people. It also affirms the principle of representative democracy

Representative democracy

Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...

and the position of Parliament as the highest organ of government, the separation of powers

Separation of powers

The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

, the independence of the courts, and the principle of parliamentary government. The provisions for constitutional rights closely mirror the European convention on human rights

European Convention on Human Rights

The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

, including the educational, social and economic rights in addition to political liberties. The international human rights obligations of Finland are set as the highest legal norm of the law, even above the constitution.

Provisions on the Constitutional Organs

The Constitution establishes a government under a parliamentary system

Parliamentary system

A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....

. It provides for a strong, directly elected President of the Republic, a Government comprising the Prime Minister

Prime Minister of Finland

The Prime Minister is the Head of Government of Finland. The Prime Minister is appointed by the President, who is the Head of State. The current Prime Minister is Jyrki Katainen of the National Coalition Party.-Overview:...

and the Ministers who form the Council of State

Finnish Council of State

The Cabinet of Finland is the body that directs the Government of Finland. However, in governmental translations to English, the distinction is often blurred between cabinet and government in the wider sense...

(Chapter 5) and the Parliament of Finland

Parliament of Finland

(Chapter 3). It also establishes an independent judiciary and two judicial systems: one general, and the other administrative.

Parliament

One of the main goals of the constitutional reform process was to move Finland further in the direction of a parliamentary system of government. Accordingly, the new Constitution strengthens the position of Parliament as the highest organ of government and makes it easier for the legislature to carry out its work — this despite the fact that the new Constitution's provisions on the organization and procedures of Parliament contain no fundamental changes in terms of content, and the legal provisions on Parliament and Representatives remain largely unchanged.

Under the Parliament Act, Parliament has traditionally been entitled to receive from the Government and the relevant ministries whatever information it needs to carry out its functions, while the parliamentary committees have enjoyed a similar right to be provided with information and reports on matters within their purview. The new Constitution extends Parliament's right to be informed by giving individual Members of Parliament the right to receive information from authorities which they need to carry out their functions, provided the information concerned is not classed as secret and is not related to the preparation of the Government's budget proposal.

The new Constitution rationalizes and tightens up Parliament's legislative procedures in respect of the readings of a bill in plenary session following preparation in committee, reducing the current three readings to two.

Parliamentary supervision of the Government and of the overall administrative machinery of government is to be enhanced by transferring the National Audit Office, which monitors management of the public finances and compliance with the Government budget, from its current position under the Ministry of Finance to become an independent office working in conjunction with Parliament.

A new Procedure of Parliament, which supplements the provisions on Parliament contained in the Constitution, came into force at the same time as the new Constitution on March 1, 2000.

The President of the Republic and the Government

The main changes in the new Constitution relate to the constitutional regulation of decision-making by The President of the Republic

President of Finland

The President of the Republic of Finland is the nation's head of state. Under the Finnish constitution, executive power is vested in the President and the government, with the President possessing extensive powers. The President is elected directly by the people of Finland for a term of six years....

and the formation of the Government

Government of Finland

Finland is a republic with a representative democracy governed accordingly to the principles of parliamentarism. Legislative power is vested in the Parliament of Finland . Executive power is exercised by the Cabinet, officially termed Council of State , which is led by the Prime Minister, the Head...

. Regulation of presidential decision-making procedures are specified more precisely, while the Government, responsible to Parliament and dependent on the confidence of Parliament, is given a greater role in presidential decision-making. The most notable change was the transfer of the final decision on the introduction and withdrawal of Government bills from the President of the Republic to the Government, this including bills in the area of foreign affairs.

In relation to the formation of the Government, the provisions of the new Constitution transfer the appointment of the Prime Minister from the President to Parliament. The new Constitution thus marked the end of the President's leading role in the formation of the Government. The President now only takes a prominent role when the parliamentary groups are unable to reach agreement on a suitable basis and programme for the Government, and on a suitable candidate for Prime Minister.

Delegation

The constitution delegates several issues to be legislated by ordinary acts. These laws are not considered constitutional laws, although they concern constitutional rights. An example is the universal obligation to participate in national defence, which is stipulated in § 127 in two sentences, both of which delegate to regular legislation: Every Finnish citizen is obligated to participate or assist in national defence, as provided by an Act. Provisions on the right to exemption, on grounds of conscience, from participation in military national defence are laid down by an Act.

External links

Finnish Constitution in English (PDF)

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.