Politics of Finland - Constitution

Constitution

The Constitution was rewritten on March 1, 2000 after first being adopted on July 17, 1919. The former constitution consisted of four constitutional laws and several amendments, which the new constitution replaces. The civil law system is based on Swedish law. The Supreme Court (Finnish: korkein oikeus (KKO), Swedish: högsta domstolen) may request legislation that interprets or modifies existing laws. Judges are appointed by the president.

The constitution of Finland and its place in the judicial system are unusual in that there is no constitutional court and the supreme court does not have an explicit right to declare a law unconstitutional. In principle, the constitutionality of laws in Finland is verified by a simple vote in the parliament (see Parliamentary sovereignty). However, the Constitutional Law Committee (Finnish: perustuslakivaliokunta, Swedish: grundlagsutskottet) of the parliament reviews any doubtful bills and recommends changes, if needed. In practice, the Constitutional Law Committee fulfills the duties of a constitutional court. A Finnish peculiarity is the possibility of making exceptions to the constitution in ordinary laws that are enacted in the same procedure as constitutional amendments. An example of such a law is the State of Preparedness Act which gives the Council of State certain exceptional powers in cases of national emergency. As these powers, which correspond to US executive orders, affect constitutional basic rights, the law was enacted in the same manner as a constitutional amendment. However, it can be repealed in the same manner as an ordinary law. In addition to preview by the Constitutional Law Committee, all Finnish courts of law have the obligation to give precedence to the constitution when there is an obvious conflict between the constitution and a regular law. That is, however, very rare.