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Finland The Constitution
Finland's Constitution is not a single law, but rather
a
collection of four laws that have constitutional status.
The most
important is the Constitution Act of 1919, which lays out
the
functions and relationships of the most important
government
entities, lists the basic rights of Finnish citizens and
the
legal institutions charged with their protection, and
makes
provisions for managing state finances and for organizing
the
defense forces and public offices. The second of the basic
laws
is the Parliament Act of 1928, a slightly modernized
version of
the Parliament Act of 1906, which established the
country's
democratically elected parliament, the Eduskunta, and
spelled out
its procedures. Two other basic laws date from 1922 and
involve
supervision of the cabinet or government: the
Responsibility of
Ministers Act, which details the legal responsibilities of
the
members of the cabinet and the chancellor of justice; and
the
High Court of Impeachment Act, which explains how they are
to be
made accountable for infractions of the law.
Two acts dealing with the self-determination of the
Aland
Islands also have constitutional status
(see
fig. 1). The
Autonomy Act of 1951 protects the Swedish character of the
archipelago, and a law of 1975 restricts the purchase and
ownership of land on the islands.
The Constitution Act of 1919, building on existing
Finnish
institutions, established a parliamentary system of
government
based on a division of powers among the legislative, the
executive, and the judicial branches of government. But
the
separation of powers is not complete, and the branches'
powers
and functions are overlapping and interlocking. Sovereign
power
rests with the Finnish people, who govern themselves
through the
Eduskunta. Sharing legislative power with the parliament,
however, is a president, who also wields supreme executive
power.
He exercises this power through the Council of State, a
cabinet
of ministers. In accordance with parliamentary norms, this
cabinet must resign if it loses the support of the
Eduskunta. The
judiciary is independent, yet it is bound by the laws
passed by
the Eduskunta, which, in turn, follows constitutional
norms in
drafting them. Like other Nordic countries, Finland has no
constitutional court. The Eduskunta, acting through its
Constitutional Committee, serves as the ultimate arbiter
of the
constitutionality of a law or legislative proposal.
Composed of
seventeen members, chosen to represent the party
composition of
the full chamber, the committee seeks expert opinion and
lets
itself be bound by legal precedents.
The Constitution may be amended if proposals to this
end meet
qualified or set majority requirements. The requirements
are such
that as few as one sixth of the Eduskunta's members can
prevent
the passage of amendments. The large number of Finnish
political
parties makes attaining qualified majorities nearly
impossible,
unless an amendment has widespread support. This protects
the
rights of minorities.
The individual rights of Finnish citizens are
delineated in
Section II of the Constitution Act, Article 5 through
Article 16,
and, with a single addition, there have remained unchanged
since
their adoption in 1919. The additional amendment, enacted
in
1972, promises all Finns the opportunity for gainful
employment,
to be provided by the state if necessary. The list of
rights is,
of necessity, rather general. How they are exercised,
protected,
and limited is set out in ordinary laws. The state
reserves for
itself the right to limit them "in time of war or
rebellion."
First and foremost, all citizens are equal under the
law,
with a constitutional guarantee of their rights to life,
honor,
personal freedom, and property. The reference to honor
provides
for protection against false and slanderous charges and
reflects
the importance of reputation in Finnish tradition. The
protection
of property and the requirement for full compensation if
it is
expropriated for public needs indicate the conservative
nature of
the Finnish Constitution. The right of freedom of movement
encompasses residence, protection from deportation, and
guaranteed readmittance into Finland. Only in special
cases, such
as convictions for criminal activity, are these freedoms
abridged. Complete freedom of religious worship and
association
is guaranteed, as is freedom from religion.
Finnish citizens are guaranteed free speech and the
right of
assembly, as well as the right to publish uncensored texts
or
pictures. The inviolability of the home is promised, and a
domicile can be searched only according to conditions set
by law.
Privacy of communications by mail, telegraph, or telephone
is
likewise provided for. A Finn may be tried only in a court
having
prescribed jurisdiction over him. The safeguarding of the
cultural affinities of the country's citizens is regarded
as a
fundamental right, and, as a consequence, the two
languages
spoken by native-born Finns, Finnish and Swedish, both
enjoy the
status of official language. The act stipulates that a
Finn may
use either of these two languages in a court of law and
may
obtain in that language all pertinent legal or official
documents. Finally, in accordance with its nature as a
republic,
Finland grants no noble or hereditary titles.
Data as of December 1988
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