Eduskunnan yleinen tietojensaantioikeus lainvalmistelussa
Avainsanat:
valtiosääntöoikeus, lainsäädäntötutkimus, lainvalmistelu, eduskunnan tietojensaantioikeus, parlamentarismiAbstrakti
The Parliament’s general right to information in legislative drafting
Section 47 of the Finnish Constitution establishes the Parliament’s general right to receive information. The provision grants Parliament the authority to obtain from the Government any information necessary for the consideration of legislative matters. These extensive rights to information are central to the principles of parliamentarism and the separation of powers. It is essential that Parliament can rely on the accuracy and comprehensiveness of the information provided by the Government. Parliament’s right to receive information is further supported by the guiding principles of democratic constitutionalism: openness, accountability, participation, and transparency.
This article examines the significance of Parliament’s general right to information within the Finnish constitutional framework, particularly in the context of legislative drafting. Does the provision on Parliament’s general right to information carry independent legal significance, or does it function solely as a constitutional principle without independent legal effect? The analysis draws on constitutional law, with a theoretical focus on the relationship of trust between Parliament and the Government. The research methodology is primarily legal-dogmatic, supplemented by empirical material analysed through the lens of the right to information.
The study reveals a clear interdependence between sound legislative drafting and the realisation of the right to information. Legislative drafting guidelines impose substantive and procedural requirements on the drafting process, with one of their key functions being to safeguard the right to information. However, empirical findings indicate that the relationship between Parliament’s right to information and the quality of the knowledge base in government proposals appears to be somewhat strained. As the right to information is linked to core constitutional principles regarding the exercise of supreme state power and the rule of law and, thus, indirectly ensures their fulfilment within the drafting process, any deficiencies in legislative drafting, and particularly the neglect of identified shortcomings, emerge as particularly problematic.
