Lääninoikeuksien itsenäistyminen osana liberaalin oikeusvaltion kehitystä
Avainsanat:
oikeushistoria, hallintotuomioistuimet, hallintolainkäyttö, korkein hallinto-oikeus, lääninoikeusAbstrakti
Establishment of independent County Courts as a step in the development of the rule of law
In Finland, the administrative courts of first instance (County Courts) were established as independent courts of law in 1989. However, the discussion on the need for administrative courts of first instance courts had begun already in 1918 when the Supreme Administrative Court was founded. The article focuses on the following research topics concerning the organisation of the administrative court system: What were the political and governmental issues that affected the delay in the establishment of County Courts, and what factors had crucial effect on their eventual establishment. The organisation of the administrative court system forms a part of a more comprehensive question concerning the structure of administration, the relationship between the state and civil society, and especially how the relationship between administration and judicial review was understood.
The author argues that the establishment of independent County Courts in the 1980s was a part of larger societal change arising from neoliberal policies and the restructuring of public administration. The new role of administrative courts as umpires in conflicts between individuals and administrative agencies served the goals of neoliberal economic policy. The new political situation of the 1980s opened the door to administrative court reform. Although Finland joined in the Council of Europe the same year as the County Courts were established, these were different projects, albeit ones that had some common background. Finland’s membership in the Council of Europe consolidated the liberal values adopted in the 1980s.
