Constitution of Finland

Constitution of Finland
Name	Constitution of Finland
Jurisdiction	Finland
Date ratified	11 June 1999
Date effective	1 March 2000
System	Unitary Parliamentary republic
Branches	Three (legislative, executive, judicial)
Chambers	Unicameral (Eduskunta)
Executive	Prime Minister-led Government of Finland
Courts	Supreme Court of Finland, Supreme Administrative Court of Finland
Federalism	Unitary

Constitution of Finland. The supreme law of Finland, it establishes the nation as a sovereign Parliamentary republic and defines the structure, duties, and fundamental principles of its government. Enacted on 1 March 2000, it consolidated and modernized several previous constitutional acts, including the 1919 Constitution Act and the Parliament Act. The document enshrines a robust system of fundamental rights and liberties, outlines a balanced separation of powers, and is interpreted by key institutions like the Constitutional Law Committee of the Parliament of Finland.

History and development

The foundational texts preceding the current document include the 1772 Instrument of Government from the Swedish era and the 1906 Parliamentary Reform which established the Eduskunta. Following independence in 1917, the 1919 Constitution Act formally created the Republic of Finland. Major reforms occurred throughout the 20th century, such as the 1991 amendments strengthening parliamentary oversight. The process of comprehensive reform began in the 1990s, culminating in the new constitution drafted by a commission including figures like Jukka Rislakki and approved by the Eduskunta. It replaced the older 1919 Constitution Act, the Parliament Act, and several other acts, entering into force on 1 March 2000 after being signed by President Martti Ahtisaari.

Structure and content

The document is divided into 13 chapters and 131 sections. It begins by affirming Finland's status as a sovereign republic and the inviolability of human dignity. Key chapters detail the organization of the Government of Finland, the legislative powers of the Eduskunta, and the jurisdiction of the Judiciary of Finland, including the Supreme Court of Finland and the Supreme Administrative Court of Finland. It outlines the election of the President of Finland, the formation and responsibilities of the Council of State, and the principles of public administration. Other sections cover state finances, national defense, and international relations, affirming the primacy of international human rights obligations.

Fundamental rights

An extensive chapter guarantees a comprehensive catalogue of civil, political, and social rights. These include classic liberties such as freedom of speech, freedom of assembly, and freedom of religion, as well as protections like the right to privacy and equality before the law. It incorporates economic and social rights, such as the right to work and the right to social security. These provisions are heavily influenced by international instruments like the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The enforcement of these rights is a primary duty of all public authorities, including the Parliamentary Ombudsman and the Chancellor of Justice.

Amendment process

Proposals for amendments can be initiated by the Government of Finland or any member of the Eduskunta. For an amendment to be adopted, it must be approved by the Eduskunta in two successive sessions, following a dissolution and a subsequent general election. This means a proposal must secure a simple majority vote in the old parliament and then again in the newly elected parliament. This procedure, designed to ensure broad consensus and careful deliberation, is detailed in Chapter 12. Some provisions, such as those concerning fundamental rights, enjoy enhanced protection and cannot be amended in a way that reduces their core content.

Relationship with other laws

As the supreme law of the land, all other legislation, including acts passed by the Eduskunta and decrees issued by the Government of Finland, must be in conformity with it. The Constitutional Law Committee of the Parliament of Finland plays a crucial role in conducting a priori constitutional review of legislative proposals. Courts, particularly the Supreme Court of Finland and the Supreme Administrative Court of Finland, may apply principles of constitutional interpretation but cannot annully laws. Finland's membership in the European Union, governed by the Treaty of Lisbon, creates a complex relationship where EU law takes precedence in its fields of competence, as affirmed in the constitution's own provisions.

Constitutional practice and interpretation

Daily constitutional practice is shaped by the advisory opinions of the Constitutional Law Committee of the Parliament of Finland, which provides authoritative interpretations on legislative bills. The President of Finland, the Government of Finland, and the Eduskunta all operate within its defined framework. Key conventions and practices, such as the formation of coalition governments following negotiations among parties like the National Coalition Party and the Social Democratic Party of Finland, have developed alongside the written text. The document is also interpreted in light of Finland's international commitments, including those to the Council of Europe and rulings from the European Court of Human Rights.

Category:Finland Category:National constitutions