Simone Lawson
Finland's Constitution, which came into force on 1 March 2000, is the basis of all legislation and government power in the country. It has been amended several times since its enactment, with notable changes being made in 2011 and 2017. The Finnish Constitution is flexible due to its use of exceptive laws, which allow for ad hoc exceptions to the Constitution without formally amending it. This article will explore the process of amending the Finnish Constitution, including the roles of Parliament, the President, and the courts in this process. It will also discuss the impact of amendments on various aspects of Finnish society, such as electoral procedures, human rights, and the separation of powers.
| Characteristics | Values |
|---|---|
| Amendments | Notable amendments include allowing bills to be introduced in Parliament by popular petition in 2011 and expanding access of police and intelligence services to private communications in 2017. |
| Flexibility | The Finnish Constitution is flexible due to the use of "exceptive laws," which are ad hoc exceptions to the Constitution that can be repealed like ordinary acts. |
| Basis of Legislation and Government Power | The Constitution is the basis of all legislation and the exercise of government power in Finland. |
| Rule Confirmation | The democratic constitution of Finland is confirmed in the Constitution Act and other Constitutional Acts of Parliament. |
| Sovereign Power | Sovereign power in Finland belongs to the people, represented by Parliament in session. |
| Legislative Power | Legislative power is exercised by Parliament in conjunction with the President of the Republic. |
| Executive Power | Supreme executive power is vested in the President of the Republic. |
| Government | The government of the State includes a Council of State, the Prime Minister, and the requisite number of Ministers. |
| Judicial Power | Judicial power is exercised by independent courts of law, including the Supreme Court and the Supreme Administrative Court. |
| Territorial Integrity | The territory of the State of Finland is indivisible, and its boundaries cannot be altered without Parliamentary consent. |
| Nationality | Everyone born of Finnish parents has the right to Finnish nationality, and the President can grant Finnish nationality to citizens of foreign states. |
| Voting Rights | Finnish citizens who have reached the age of eighteen have the right to vote in national elections, referendums, and local elections. |
| Property Rights | The property of every person is protected, and provisions govern the expropriation of property for public purposes and full compensation. |
| Foreign Policy | Finland's foreign policy is directed by the President of the Republic in cooperation with the Government and Parliament. |
| War and Peace | The President decides on matters of war and peace with the consent of Parliament. |
| Official Text | The official text of the Constitution consists of 131 Sections divided into 13 Chapters. |
Explore related products
What You'll Learn
The Finnish Constitution is flexible due to the use of exceptive laws
The Finnish Constitution is the supreme source of national law in Finland. It defines the basis, structure, and organisation of the government, the relationship between the different constitutional organs, and lays out fundamental rules, values, and principles. The Constitution also delegates several issues to be governed by ordinary Acts. These laws are not considered constitutional laws, although they concern constitutional rights.
The Finnish Constitution is flexible due to the use of "exceptive laws", a unique feature of the Finnish system. Instead of amending or changing the Constitution, an act may be passed 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.
Hundreds of so-called exception laws have been enacted in Finland during the years of independence, interfering primarily with the right to property, which is guaranteed in the Finnish Constitution. Other rights have been violated in exception laws to a much lesser extent. Although the exception law institution has been under suspicion for obscuring the general knowledge of the meaning and intentions of fundamental laws, it cannot be denied that it has facilitated policymaking and has contributed to the management of constitutional inertia.
The Finnish Constitution has been amended several times, notably in 2011 to allow bills to be introduced in Parliament by popular petition, and in 2017 to expand access for police and intelligence services to private communications. The most extensive and important reforms came in 1987, when provisions on the holding of consultative referendums were added to the Constitution. The indirect form of electing the President of the Republic via an Electoral College was replaced by a system combining the Electoral College with direct election.
Interpreting the Constitution: Judicial Review's Impact
You may want to see also
Constitutional amendments are passed by the Parliament
The Finnish Constitution is the basis of all legislation and the exercise of government power in Finland. It outlines the fundamental rules, values, and principles of Finnish democracy, as well as the relationship between the individual and the government. The Constitution has been amended several times to adapt to the changing needs of the country.
The Finnish Parliament plays a crucial role in the amendment process. Any changes to the Constitution must be passed by Parliament, ensuring that the amendments reflect the will of the people. This is in line with the principle of representative democracy affirmed by the Constitution.
The Parliament's Constitutional Law Committee, composed of Members of Parliament (MPs), is responsible for reviewing the constitutionality of laws. This committee scrutinizes proposed amendments to ensure they align with the existing provisions of the Constitution. The committee's role is essential in maintaining the integrity and coherence of the Constitution.
To initiate the amendment process, a bill must be introduced in Parliament. This can be done through various means, including popular petition, as allowed by the 2011 amendment. Once a bill is introduced, it undergoes a rigorous debate and deliberation process within the Parliament.
During the deliberation process, the proposed amendment is carefully examined and discussed by Members of Parliament. This provides an opportunity for diverse perspectives to be considered and for any potential implications to be identified. The Parliament may also seek input from legal experts, scholars, and other relevant stakeholders to ensure a comprehensive understanding of the amendment's impact.
After thorough deliberations, the Parliament proceeds to vote on the proposed amendment. For an amendment to be passed, it typically requires a majority or supermajority vote, depending on the specific requirements set out by parliamentary rules and procedures. Once an amendment is passed by the Parliament, it becomes an integral part of the Constitution, shaping the country's laws and governance.
The Constitution's Last Amendments: A Historical Overview
You may want to see also
The President of the Republic signs Acts into law
The President of the Republic plays a key role in the enactment of laws in Finland. While legislative power is exercised by Parliament, the President is responsible for signing Acts into law and issuing decrees. This power is outlined in Section 28 of the Constitution.
When an Act has been ratified or is set to enter into force without ratification, it must be signed by the President of the Republic and countersigned by the relevant Minister. The Act should indicate that it has been enacted according to the procedure for constitutional enactment. The President's signature is, therefore, necessary for an Act to become law.
The President also has the authority to issue decrees, which are a form of legislation in Finland. The President's decree power is outlined in the Constitution, and decrees may also be issued by the Government and a Ministry based on authorisation granted by the Constitution or another Act. Decrees are a significant tool for the President to implement policies and make decisions, particularly in areas such as foreign policy and national security.
It is important to note that while the President has the power to sign Acts and issue decrees, the Constitution specifies that the President does not have the authority to strike down Acts or pronounce on their constitutionality. This responsibility rests with the Parliament, which has the power to amend or repeal Acts as necessary.
The Finnish Constitution, which came into force on March 1, 2000, outlines the fundamental rules, values, and principles of Finnish democracy. It serves as the basis for all legislation and the exercise of government power in the country. The Constitution has undergone several amendments since its inception, with notable changes being made in 2011 and 2017 to expand on the rights of citizens and the powers of the police and intelligence services.
The Fourth Amendment: Protecting Your Privacy and Property
You may want to see also
Explore related products
Amendments in 2011 allowed bills to be introduced by popular petition
The Finnish Constitution is the basis of all legislation and the exercise of government power in Finland. It outlines the fundamental rules, values, and principles of Finnish democracy, and details the relationship between the individual and the government. It also contains provisions about the principles of the exercise of power by the government, government organisation, and the relationships between the highest organs of government.
The Finnish Constitution has been amended several times since its enactment. Notably, in 2011, it was amended to allow bills to be introduced in Parliament by popular petition. This amendment reflected the Finnish Constitution's flexibility and adaptability to the changing needs of the country.
The 2011 amendment on popular petitions strengthened the role of citizens in the legislative process. It enabled Finnish citizens to have a more direct impact on the laws that affect them. By allowing bills to be introduced through popular petition, the amendment increased citizen participation and influence in the decision-making process.
To initiate a popular petition, a certain number of signatures are typically required. This ensures that the proposed bill has a sufficient level of support from the public. Once the required number of signatures is collected, the petition can be submitted to the appropriate legislative body for consideration.
The 2011 amendments also included other changes to the Finnish Constitution. For example, it clarified the role of the President of the Republic in directing the country's foreign policy, in cooperation with the Government. Additionally, it outlined the Parliament's role in accepting and enacting Finland's international obligations. These amendments further refined the balance of powers and responsibilities between different branches of the government.
Amendments: Our Constitution's Evolution in Six Steps
You may want to see also
Amendments in 2017 expanded police and intelligence powers
The Finnish Constitution is the basis of all legislation and the exercise of government power in Finland. It outlines the fundamental rules, values, and principles of Finnish democracy, as well as the relationship between individuals and the government. The Constitution has been amended several times to adapt to changing needs. Notably, in 2017, the Constitution was amended to expand the access of police and intelligence services to private communications.
This amendment in 2017 was part of a series of reforms that enhanced the surveillance capabilities of Finland's military and civil intelligence agencies. The Finnish Security and Intelligence Service (SUPO) and the Finnish Defence Intelligence Agency (FDIA) secured new statutory powers to collect and use information on both domestic and international threats to national defence and security. These reforms transformed these agencies into combined domestic security and foreign intelligence services, marking a significant shift in the Finnish security sector.
The 2017 amendment expanded police powers by allowing for enhanced surveillance and eavesdropping. This included monitoring communications and monitoring purchases by entities outside the European Union near military installations or broadcast towers in Finland. The amendment also provided for the State to reclaim or buy strategically important property. These measures were designed to strengthen national security and counter potential hybrid operations.
It's important to note that Finland has a unique approach to intelligence services, with the intelligence agency governed as a part of police organisations. This means that the Finnish Security and Intelligence Service operates as a security police under the jurisdiction of the Ministry of the Interior. The agency has a history of adapting to the political climate, such as its focus on counter-terrorism in the 1990s and preventing hybrid operations in the 2010s.
While the 2017 amendment expanded police and intelligence powers, it's worth mentioning that Finland's Constitution also underwent significant reforms in other years, such as 1983, 1987, and 2011, to adapt to the changing needs of the country while upholding fundamental democratic principles.
Amending India's Constitution: A Complex Process
You may want to see also
Frequently asked questions
The Finnish Constitution is the basis of all legislation and the exercise of government power. It outlines the fundamental rules, values, and principles of Finnish democracy.
The Finnish Constitution is flexible due to the use of \"exceptive laws,\" which allow for ad hoc exceptions to the Constitution without amending it. However, the use of exceptive laws has been limited in recent years.
The responsibility for maintaining the constitutionality of the laws rests with the Parliament. The Parliament's own Constitutional Law Committee, composed of MPs, reviews the constitutionality of laws rather than the judiciary.
The Finnish Constitution has been amended several times. Notable amendments include the 2011 change to allow bills to be introduced in Parliament by popular petition and the 2017 expansion of access for police and intelligence services to private communications.
The official text of the Finnish Constitution consists of 131 Sections divided into 13 Chapters. It covers topics such as fundamental provisions, constitutional rights, and the organization of government power.
