Kansanvalta.fi

The Constitution specifies the foundations of the relationship between the individual and government. It also contains provisions about the principles of the exercise of power by government, government organisation and the relationships between the highest organs of government.

Why is the Constitutiom so important to democracy and citizens? The Constitution contains the basic central government solutions related to the exercise of government power and the relationships between government and the individual.

It includes the provisions and rights that are regarded as particularly critical and inviolable – in other words the basic values and principles of democracy. Therefore, making amendments to the Constitution by a majority decision has been made more difficult than other legislative amendments.

In Finland the Constitution guarantees citizens' right to participate in decision-making in society.

Citizens can elect their representatives to democratic organs and they have the right to stand for office in such elections related to the representation of the people. They can also participate directly in many ways in decisions and monitor the activities of their elected representatives.

The Constitution contains the rules of governance

The Constitution acts as a social contract. It can be seen as a contract collectively made by citizens about the rules of society. Most people regard an organised, democratically governed society as better than anarchy.

The Constitution provides the foundation for central government and legislation

The Constitution determines the legal basis of central government – the state. It lays down how Finland is governed: it stipulates the division of tasks between government bodies and specifies the principles of parliamentarianism.

The Constitution is the instrument that contains the provision that in Finland acts are enacted by freely-elected Parliament. It also specifies the issues decided by the Government and the President.

At the same time the Constitution has authority over all other Finnish law and all government activities. Accordingly, for example, no other act may be in conflict with the Constitution.

The Constitution guides central government and the entire society

The Constitution provides the framework for central government decision-making: how decisions are made and what they can be like.

Political, economical and legal decisions are interconnected in a highly complex manner in society. A legislator may issue a provision (enact an act), but its implementation as intended by the legislator is not guaranteed.

Problems may occur in application, interpretation or overseeing, or a provision may turn into a dead letter that no longer has significance in society. In other words a new act may not actually bring the results that were expected or wanted.

The status and content of the Constitution is also influenced by international politics, ideas about the tasks and roles of central government or major social changes. The Constitution seeks to reflect the state and basic values of society, and it is amended in response to any changes while also being used to (idealistically) guide society along the desired path.

The Finnish Constitution was reformed at the turn of the millennium  

The new Constitution of Finland entered into force in 2000 and is based on four old constitutional statutes: the Constitution Act, the Parliament Act and two Ministerial Responsibility Acts. The provisions of the new Constitution are more modern and have been developed towards greater democracy.

The enactment, amendment and repeal of the Constitution has been made more difficult than is the case with other acts. The Constitution consists of 13 chapters:

• Fundamental provisions
• Basic rights and liberties 
• The Parliament and the Representatives
• Parliamentary activity
• The President of the Republic and the Government
• Legislation
• State finances
• International relations
• Administration of justice
• Supervision of legality
• Administration and self-government
• National defence
• Final provisions

The Constitution must reflect reality

In Finland the role of the Constitution as a legally binding instrument is emphasised. The Constitution should as well as possible describe the country’s real political decision-making system and the status of the individual in relation to government.

The objective is for the Constitution to provide citizens with a reliable idea about the way the political system works and what the legal status of the individual is based upon.

But, the Constitution cannot efficiently lay down provisions on every issue, and it is not enough for the realisation of the rights of the individual that they are guaranteed under the Constitution.  Therefore compliance with the Constitution requires efficient supervision.

The Constitution lays down to public authorities the responsibility to guarantee the observance of basic rights and liberties and human rights. When legislation is drafted, it is the duty of the Constitutional Law Committee of Parliament to ensure the constitutionality of legislative proposals.

When applying law, courts must take the Constitutional provisions into consideration and apply law in a manner favouring basic rights. Courts may not apply an act that is in obvious contradiction to the Constitution. It is the duty of the Chancellor of Justice and the Parliamentary Ombudsman to oversee public authorities’ respect of basic rights.

The full realisation of basic rights often calls for a variety of measures. For example, guaranteeing legal protection not only requires up-to-date legislation but also efficient government mechanisms and judicial system. Many basic rights, including the right to a fair trial, require major financial input by society.

Realisation of rights requires resources

The Constitution cannot, however, guarantee rights if society does not have the necessary resources. Therefore the Constitution only obliges the government to promote employment or the right to housing.

But, this does not mean that a person could demand a job or housing on the basis of the Constitution.  The concretisation of the basic rights often calls for specifying legislation. 


Related links:
The Constitution of Finland [Finlex.fi]

Updated on September 28, 2006