Lainsäädäntöperustelut parlamentaarisen ohjauksen välineenä

Kirjoittajat

• Jaakko Nousiainen

Abstrakti

The article contains a historical, constitutional and behavioral analysis of the role in the system of parliamentary control of the informal argumentation attached by the Finnish Parliament (Eduskunta) to its decisions on laws. — In Finland, such argumentation has in principle a dual task. On one hand, the Eduskunta wants to motivate and explain the texts of laws to the government, administration and the courts. On the other, the lawmaker, going beyond the limits of the constitutional division of labor, can give directions as to the principles and means to be taken into account in the excecution of laws. — In the context of the stabilization of the parliamentary relations in the 1920’s and increasing exchange of information between the government and the Eduskunta, only the latter function remained. In its short statements the Eduskunta then widens the goals of lawmaking (asking for new initiatives) or specifies them by pointing out cases and giving advice as to application. The need for this kind of steering is especially great in spheres where modern social and economic laws provide only a general framework for the functioning of public authorities. — Such statements are not legally binding but the parliamentary dependency mechanism makes them quite obligatory in practice. It is supported by an efficient monitoring mechanism in the context of which the government is bound to report yearly on each individual statement until it is regarded as fully implemented.