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The Fundamental Constitutional Principle of Democracy and the Rule of Law and the Supervision of Legality on the Grounds of the Basic Law of Finland

100%

Serzhanova V.

Political Preferences

2018

issue 21

29-40

The political system of Finland and the consciousness of the Finnish society are strongly attached to the rule of law and solidified democratic principles. Strict observance of the principles of democracy and the rule of law, including individual rights and freedoms, especially in the context of their relations with the state authorities, ought to be perceived as a peculiar characteristic feature and singularity of Finland, similarly as of the other Nordic states. In fact, the substance of an individual’s status and the protection of his/her rights has always been and still remains a very significant area of these states’ functioning. Hence, the principle of democracy and the rule of law on the grounds of the Basic Law of Finland, having been in force since 1 March 2000, was included into the catalogue of the fundamental constitutional principles, forming the basics of the state’s political system. Among the Nordic traditions cultivated by Finland there can also be placed strongly preserved supervision of legality, performed not only by the judicial system, like for instance the control of the constitutionality of law and the liability of the supreme state officials, but also by the non-judicial authorities of legal protection, such as: the Chancellor of Justice of the Council of State (Government) and the Ombudsman of Eduskunta (Parliament), which are so characteristic and directly originate from the Nordic legal and constitutional culture. Therefore, a whole separate chapter of the Finnish Constitution has been devoted to the matters of the control over the legality. The hereby paper aims at conducting the analysis of the content and scope of the fundamental constitutional principle of democracy and the rule of law, as well as the questions of the supervision of legality, its comprehension and range on the grounds of the Basic Law of Finland.

Status autonomiczny oraz ustrój samorządu Wysp Alandzkich

63%

Serzhanova V.

Studia Iuridica

2021

vol. 88

364-374

The autonomous status of the Åland Islands and the system of its self-government against Finland’s territorial and administrative structure constitute a fascinating research area in the field of constitutional law and political systems. Such research makes it possible to determine which principles of the system of the division into territorial units possessing autonomous status within the territorial structure of the state and its self-government should be introduced at the legal, constitutional and statutory level in order to ensure the population inhabiting it with a sufficient level of separateness and independence, protection of fundamental rights and freedoms, and at the same time guarantee the territorial integrity of the state. The study also makes it possible to determine which legal mechanisms and instruments of the organization and functioning of autonomous regions, distinguished by some specific feature, need to be applied in order for the system of such a unit to be effective in the performance of public tasks of their own and those commissioned by state authorities by self-government bodies of this region and to enable the self-government of the region serving its citizens at its best. In the case of Finland, it is of great importance for the protection of fundamental human and civil rights and freedoms, especially for ethnically and culturally separate social groups. The aim of this study is the legal analysis of the autonomous status and the local government system of the Åland Islands, applied and currently functioning in Finland, and its subject is an exegesis of the norms concerning the subject matter under the study, contained in the Fundamental Law of 1999 being in force in Finland and the relevant statutory regulations, as well as practices of the functioning of this region within the state from the perspective of its division into other basic units and the system of local government.

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The Fundamental Constitutional Principle of Democracy and the Rule of Law and the Supervision of Legality on the Grounds of the Basic Law of Finland

Status autonomiczny oraz ustrój samorządu Wysp Alandzkich