"Vähiten vaarallinen valtioelin"? : tuomiovalta, vallanjako ja demokratia

Kirjoittajat

• Panu Minkkinen

Abstrakti

The article investigates the position of the judiciary in parliamentary democracies in general and in Finland in particular. An argument is developed according to which an acknowledged rise in the authority of the courts is a counter-reaction to the demise of parliaments as legislators in favour of the executive branch. This counter-reaction emphasizes the complex democratic functions of an unelected judiciary that provides the necessary ‘checks and balances’ for a strong ‘cabinet’ execu­tive. The argument is built on discussions relating to the position of judicial power in the separation of powers, the political consequences of the independence of the judiciary, judicial activism, and the constitutional review of legislation.