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Finland’s form of government is based on democracy. This rule by the people is confirmed by the Constitution (formerly by the 1919 Constitution and today by the Constitution that came into force in 2000).


The fundamental provision on democracy and representative democracy

The fundamental provision on democracy can be found in section 2.1 of the Constitution: ”The powers of the state in Finland are vested in the people, who are represented by the Parliament.”

This provision makes Finland a representative democracy. This means that citizens participate indirectly: decisions related to the community are made by elected and politically-accountable bodies representing the people. Under section 25 of the Constitution, Representatives are elected to Parliament by a direct, proportional and secret vote based on universal and equal suffrage.

The corresponding section of the 1919 Constitution used to be interpreted as vesting the powers of the State in central government while the people held the right to exercise these powers. Today’s constitutional law holds the view that central government does not have its own power in this respect. Consequently, political power in Finland is held by the people.


Municipal self-government

Residents of municipalities form what can be seen as subsections of the people of Finland. This is another way of people holding the powers of the state. Municipal self-government is guaranteed under section 121 of the Constitution. Other forms of self-government recognised by the Constitution – the autonomy of the Åland Islands, the cultural self-government of the Sami and the self-governance of the universities – also have an important role in the realisation of democracy.

The Finnish Constitution also states that executive powers have a direct foundation in the people. Under section 54.1, the President of the Republic is elected by a direct vote.

A common view is that, in conflict situations between Parliament and President, Parliament should be regarded as the highest organ of government. After all, in such cases it is not possible for both to represent the majority opinion.

The principle of parliamentarianism expressed in section 3.2 of the Constitution is also related to the connection between executive powers and the power of the people (democracy). According to this section, members of the Government (Cabinet) must have the confidence of Parliament.

The fundamental provision on democracy is supplemented by section 43 on interpellations (parliamentary questions to the Government) and section 62 on the Government’s obligation to submit its programme to Parliament in the form of a statement.


Direct democracy

Although democracy in Finland is primarily representative, direct democracy also has a place. According to section 2.2 of the Constitution ”Democracy entails the right of the individual to participate in and influence the development of society and his or her living conditions.” The former Constitution did not contain such a provision. This right of participation covers areas including:

• voting in national and municipal elections as well as referenda;
• other forms of participation and influence;
• independent activities of civil society;
• individual’s influence in their own immediate environment;
• on a more general level, various types of cooperation between people.

Section 14 of the Constitution provides the right to vote as a basic right. According to section 2.2, however, the rights of the individual to participate in and influence the development of society and their living conditions cannot be limited to just the right to vote in elections.

This provision requires that participation and influence realised through elections and representative organs must be supplemented with other democratic tools, such as referenda.

Equality, freedom of expression, freedom of assembly and association as well as the principle of publicity laid down in the Constitution are all closely related to the realisation of democracy. For example, the provisions on equality contain section 6.2, which states that children must be allowed to influence matters pertaining to themselves to a degree corresponding to their level of development.

The right of individuals to participate and influence is also strengthened by the obligations of public authorities set out under sections 14.3 and 20.2 to:

• promote the opportunities of the individual to participate in societal activity and to influence decisions that concern them;
• endeavour to guarantee for everyone the possibility of influencing decisions that concern their living environment.
• These obligations of public authorities come after provisions on elections. This can lead to the interpretation that the obligations only or primarily apply to influence other than that exercised at elections. However, the provisions are not totally clear in this respect, and they do not specify the means through which these obligations should be implemented.

Restrictions of democracy

There are certain restrictions to the powers of the state vested in people. One of these is the rule of law laid down in section 2.3 of the Constitution: ”The exercise of public powers shall be based on an Act. In all public activity, the law shall be strictly observed.”

The Constitution affirms democracy and the rule of law as if these were separate principles, but the main starting points of our Constitution can be summarised under the concept of democratic rule of law.

Democratic legislative processes do not result in just legislation. They also create citizens’ opinions and public discussion. In addition to the rule of law, the powers of government mechanisms are restricted by this communicative power.

State sovereignty also places restrictions on democracy as the extent of sovereignty sets the limits within which state democracy can actually have any influence.

The increase in transnational regulations and functions, the decentralisation of central government activities and an increased focus on private law all affect the practical realisation of democracy. In fact, not all public activity is in the hands or under the control of the democratic system.


Meaning of the Constitution to democracy

What is the significance of democracy as laid down in our Constitution? Democracy is one of our most important constitutional principles and therefore one of the general doctrines of Finnish constitutional law.

General doctrines help see individual provisions as parts of the larger legal framework. In other words, democracy becomes specified through other provisions of the Constitution and through the constitutional principles while, on the other hand, democracy influences interpretations of these.

Interpreters of constitutional provisions should look for solutions that best safeguard the realisation of democracy. One indicator of the significance of democracy can be found in section 94.3 of the Constitution: ” An international obligation shall not endanger the democratic foundations of the Constitution.”

When we examine democracy from the perspective of constitutional law, we will find that it is easily defined as simply a decision-making process in which the will of the people is expressed. This definition fails to cover issues such as the content of the exercise of power or the uniformity of the formulation of people’s will.

Therefore, we must note that democracy cannot be realised or understood merely through legal provisions. The functioning of democracy is influenced by many factors in the real world that are difficult or impossible to control through legislative means.

For example, constitutional provisions will not in themselves create a lively civil society. They only create the necessary basic legal conditions for democracy.

The author is a researcher in constitutional law at the University of Joensuu.