1.3 Main specifics of the constitutional system

The foundations of the Finnish Constitution remained essentially unchanged by the new law, but it increased the parliamentary features of Finnish government and especially the real authority of the Parliament. The Constitution defines the fundamental principles and constitutional rights, the most important organs of government - Parliament, The President of the Republic and the Government - , their organisational structure and the way they take their decisions. Also the basic functions of the state are specified: legislation, state finances, international relations, administration of justice, supervision of legality, administration and defence. Bringing together the relevant relating constitutional provisions under their own chapter, the structure of the new Constitution also reflects the fundamental increase in the international affairs as a result of the on-going process of European integration and of internationalization in general.

The civil rights and liberties

Finnish constitution guarantees the civil rights and liberties. The emphasis is given to the guarantees of freedom and rights of the individual and to the right of the individual to participate and influence public affairs. The fundamental values integrated in the constitution are the inviolability of human dignity, individual freedom, democratic participation and personal security. The basic rights and liberties are applied to all persons within the scope of the Finnish legal system, regardless of citizenship. They include e.g. legal equality, freedom of expression and right of access to information, freedom of religion and conscience, freedom of assembly and freedom of association and the right to privacy. Electoral and participatory rights cover every Finnish citizen and every foreigner permanently resident in Finland, who has reached eighteen years of age. Everyone have the right to basic education free of charge.

Two official languages are spoken in Finland: Finnish and Swedish. The both national languages may be used in contacts with the authorities, and cultural and societal needs of the Finnish-speaking and the Swedish-speaking populations of the country should be provided for on an equal basis. About 6 500 Sami live in the northern parts of the Finland. The Sami as well as the Roma and the other groups have the right to maintain and develop their own language and culture.

The most important organs of the government, their organisational structure and main functions

According to the three-way division of the power, the Parliament holds the power of legislation and decides on State budget, while executive power is shared between the President of the Republic and the Government. They also have some tasks involving legislative power. Independent courts hold the power of jurisdiction. In accordance with the general principle of parliamentarism, the Government must enjoy the trust of Parliament. Normally no conflicts arise between Parliament and the Government, or the President and Parliament. A Conflict between Parliament and the Government may lead to the Government's fall. A Representative may address an oral or written question to a minister and interpellation tests the degree of confidence that the Government enjoys among the members of Parliament. Usually they do not threaten the Government and after a Parliament's discussion about the reply of the Government and the subsequent vote of confidence the Government may continue in office.

The reform of the Constitution gave emphasis to the parliamentary aspect of the Finnish political system. It strengthened the Parliament's position in relation to the Government and, on the other hand, the role of the Government has become stronger in both national administration and EU matters in relation to the role of the President.

The Parliament

The Finnish Parliament is a unicameral legislative body and a multi-party forum for fundamental national decisions consisting of 200 members, representatives of people. At its birth in 1906, the Finnish Diet (Eduskunta) was not a very typical one. It was unicameral and elected by universal suffrage, including women too. Nowadays representatives are elected by direct, proportional and secret ballot amongst the candidates nominated by parties and groups of voters. Everyone entitled to vote (excluding the President, high-ranking legal officials and members of the armed forces) may strive for the candidacy. Parliamentary elections are held in every fourth years. In recent years about 70 % of the Finns entitled to vote have used their right.

In the Finnish constitution the parliament has the status as the highest organ of the state. Its three main functions are to enact laws; to decide on the state budget; and to supervise the government and oversee the realisation of the decisions made. The Government submits annual reports to Parliament on its activities and on actions taken on the grounds of the Parliament's decisions. Parliament approves also the treaties and other international obligations that contain provisions of a legislative nature or otherwise significant.

Compared to other countries, Finnish Members of Parliament enjoy an exceptionally wide and unrestricted freedom to speak. The Parliament takes decisions in plenary sessions, which are open to public as well as the records of the parliamentary sessions. Decisions are made by voting - in principle with free mandate, but in practice it is unusual to vote against the party line. The members of parliament have wide discretion to propose amendments and new initiatives and working in committees, preparing the matters to be decided by Parliament, is an important part of the work of Members of the Parliament. The committees, where the legislative work takes place, comprise the Grand Committee (responsible for EU matters) and 14 other committees representing various fields. The composition of the committees reflects the strength of each party in Parliament.

The Government has a major role in preparing the proposals for legislation. The complicated process of passing a law usually begins with the government placing a bill before Parliament. Parliament has an independent right to submit legislative proposals, but in practice most decisions taken in Parliament are based on Government proposals. Parliament has no official machinery for making or preparing proposals and the proposals of Government tend to be better prepared than the proposals of individual members of parliament. An act adopted by parliament is submitted to the President of the republic for confirmation. The Government prepares also the national budget and the changes made to the budget in Parliament tend to be marginal.

The Government

The Government refers to the Cabinet of Finland consisting of the Prime Minister and the ministers. It also refers to a decision making body, which consists of the Government plenary session and the ministries. Government produces material to Parliament for basis for its decisions carrying out its preparatory function. As an executive body Government is also liable for enforcement of parliamentary decisions. It shares the executive power and the responsibility for the direction of foreign policy with the President.

One of the most important changes introduced by the new Constitution took place in the formation of the Government. The focus shifted towards stronger position of Parliament and powers of the president were limited. After parliamentary elections the parliamentary groups negotiate and agree on the formation of a new government. The Parliament elects the Prime Minister and the President appoints her/him. The other ministers the President appoints on the basis of a nomination by the Prime Minister. When Government has been formed, it presents its political programme to Parliament. The political parties involved play the main role in the formation, functions and dissolution of the Government. The Government has to report continually to Parliament on what it is doing and where it is going but on the other hand, the Parliament is highly dependent on the bills government submits to it. It can be said that the Government controls the day-to-day political agenda.

The Government (the Council of Ministers) comprises the Prime Minister and at most 17 Ministers. The ministers head their ministries and the spheres of competence of the ministries. There are 13 ministries, including the prime minister's office, the most important of which having two ministers. Junior ministers or political state secretaries, common to many countries, do not feature in the Finnish system. Most ministers have a double role as a member of parliament and as a minister. It is usual, that the leaders of the parties forming the Government also act as ministers. In recent years from three to five parties have been represented in Government. In spite of their political heterogeneity, Governments have been very stable. After parliamentary elections the Government resigns.

The members of the Government work both in the ministry which they have been appointed and in the Government. Each ministry is responsible for the preparation of matters within its field of competence and for the proper functioning of administration tough administrative issues in principle belong to the Government as a whole. The Government convenes for Government plenary sessions; Presidental sessions, over which the president presides; and Government evening sessions, which are informal occasions to prepare matters for discussion. There are also more limited preparatory ministerial committees. The statutory Cabinet Committees are the Cabinet Committee on foreign and security policy, the Cabinet committee on European Union Affairs, The Cabinet Finance Committee and the Cabinet Committee on Economic Policy each of which consists of the key ministers from the various party groups. The president may attend meetings of the Cabinet Committee on Foreign and Security Policy. Additionally there are ad hoc ministerial committees. The ministerial committees are very significant as specific preparation and conciliation forums for the settlement of politically loaded question - especially for the coalition governments with four or five parties.

The Prime Minister heads the work of the Government and oversees the preparation and consideration of matters that come within the mandate of the Government. Chairing the plenary sessions of the Government and statutory Cabinet Committees is a duty of the Prime Minister. He or she also monitors the implementation of the Government programme and coordinates the preparation and consideration of issues to be decided in the European Union. In the role of political leader of the Government the Prime Minister is responsible for reconciling the differing views on Government policy held by the various groups presented. The new Constitution has strengthened the position of the Prime Minister.

The President of the Republic

The President of the republic is elected directly by the people. Candidates nominated by parties and groups of voters participate in the first round of elections. A second round is arranged if no candidate receives a majority of the votes. The candidates in the run-off are the two who received most of the votes in the first round. After the election the President steps out from everyday party politics and takes the role of "neutral" head of the state. President is voted for six years and the same person can be elected for a maximum of two consecutive terms of office. Since 1982 all the presidents have come from the social democratic party. In 2000 Tarja Halonen became Finland's first female president.

The President exercises supreme executive power in conjunction with the Government. The president has traditionally had considerable power in the area of foreign policy, which he or she directs together with the Government. The presidential acts are based on preparations by and cooperation with the Government. Under the constitutional reform of 2000, the President's powers in other political areas were limited. The status of the President is now less based on constitutional authority and more on personal authority. President has an important role as a support of the Government, a moderator in conflicts and a mirror of the popular opinion. The power to appoint senior civil servants has still potential of political significance. The President enjoys extensive powers of appointment: he or she appoints the Prime Minister elected by Parliament and the ministers proposed by the Prime Minister. Interaction between the President and the Parliament is limited to certain state ceremonies. The President has the right, upon the reasoned proposal of the Prime Minister, having consulted the parliamentary groups, and while Parliament is in session, order the holding of premature parliamentary election. This has happened seven times since 1917.

The President may decide whether bills should be placed before Parliament and approves the acts passed by Parliament as well as the State budget. The president may go against the majority opinion of the Government or refuse to sign a law. Usually the visible conflict with Government does not occur. The President decides on the issuance of the draft bill in the Presidential sessions of the Government. If the President does not approve the draft bill, he or she can return it for redrafting. On the second reading the President has to issue the bill on the basis of the cabinet's new draft. Parliament determines the final content of all acts, it can amend or reject Government bills. An Act adopted by Parliament is submitted to the President of the Republic for confirmation, who must decide on ratification within three months of receiving the act. If the President does not confirm the Act it is returned to Parliament. Parliament reconsiders the act and can readopt it without material alterations with a majority of votes cast. The act will then enter into force without ratification. Unfinished process is carried over to the next parliamentary session unless parliamentary elections intervene. On average once a year president has refused to sign a law.

Courts of law and supervision of legality

The judicial administration provides legal security, which is a fundamental right of the people.
Judicial power lies with independent courts of law. They decide on compliance with law in individual cases. The independency of the courts of law means that they are bound only by the law, that is in force and no external body can intervene in their decision-making. Like in other Nordic countries the courts are divided into general courts and administrative courts considering administrative issues.

The district courts deal with criminal and civil cases. Their decisions can normally be appealed in a court of appeal. The decisions of the courts of appeal, then, can be appealed in the Supreme court, provided that the Supreme Court grants leave to appeal. The decisions of the administrative courts can be appealed in the Supreme Administrative court. In addition there are certain special courts.

The primary control of constitutionality of legislation is the advance evaluation done by the Constitutional Law Committee during the progress of the bill through the Parliament. This internationally quite exceptional control consists of the Committee issuing statements on the constitutionality of the bills and other matters submitted to it. Also their relation to the international human rights treaties is controlled.

The main instruments for the supervision of legality are high officers of the law; the Chancellor of Justice of the Government, appointed by President, and the Parliamentary Ombudsman. Their briefs are to a great degree congruent. Practically the Chancellor of Justice is specially charged with the supervision of the legality of the official actions of the Government and the President of the Republic.