Perustuslakien hyödyllisyydestä

Kolme näkökulmaa ja jälkihuomautus

Kirjoittajat

• Antero Jyränki

Abstrakti

The author discusses the utility of written constitutions from three viewpoints: (1) the written constitution as an expression of the fundamental decisions concerning the political system, (2) as a source of information on how political power is factually exercised, and (3) as a product of the political will of the people (popular sovereignty). After several amendments of the Finnish constitutional acts (1919/29), especially in the 1980s and 1990s, a total reform of the text of the constitution seems to be needed to restore its unity and inner consistency. The author asserts that the new constitutional text ought to express explicitly the fundamental decisions that lie behind the political system and contain a special ruling protecting these values. Besides the text should be as informative as possible. The reformed constitution, even as a product of popular sovereignty but facing new problems of a moral nature (like environmental risks), ought to include, besides traditional institutions, special normative elements in order to encourage rational discussion and compromise instead of categorical majority rule.