TITLE

Rights-based constitutionalism in Finland and the development of pluralist constitutional review

AUTHOR(S)
Lavapuro, Juha; Ojanen, Tuomas; Scheinin, Martin
PUB. DATE
April 2011
SOURCE
International Journal of Constitutional Law;Apr2011, Vol. 9 Issue 2, p505
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Traditional characteristics of Nordic constitutionalism have been challenged increasingly, since the late 1980s, by tendencies toward rights-based constitutionalism. Reminiscent of several other theaters within the global constitutional arena, northern constitutionalism has also witnessed a clear shift from the legislative sovereignty paradigm to one in which legislative acts are increasingly subordinated to rights-based judicial review. However, it is doubtful whether the Nordic variants of new constitutionalism will lead to a juristocracy or adoption of full-fledged judicial review typical for Continental constitutional courts and their counterpart in the United States. Instead, various weaker and pluralistic forms of constitutional review mechanisms and doctrines, which rely on both legislative and judicial institutions and purport to provide effective protection both to rights and to democratic values, are not just more likely but, in fact, already have begun to emerge since the early 1990s.This article analyzes the normative tensions underlying the development of constitutional review in one of the Nordic countries, Finland. Aside from showing that a weak-form theory is applicable to the current mode of Finnish constitutionalism, it also submits that idiosyncrasies of the Finnish model of constitutional review can significantly contribute to the topical discussion about pluralist forms of constitutional review.
ACCESSION #
69899004

 

Related Articles

  • Judicial review: a practising judge's perspective. Breyer, S // Oxford Journal of Legal Studies;Summer99, Vol. 19 Issue 2 

    In this lecture Justice Breyer examines three classical criticisms of constitutional judicial review. Those criticisms say that a grant to unelected judges of the power to set aside legislation as contrary to a written constitution leads to judicial decision-making that is (a) undemocratic, (b)...

  • Think Things, Not Words. Carter, Lief H. // Journal of Politics;May81, Vol. 43 Issue 2, p317 

    Comments on an article on United States judicial review. Reservations on the article's conclusion; Changes in the frequency of judicial review.

  • WHY EUROPE REJECTED AMERICAN JUDICIAL REVIEW. Sweet, Alec Stone // Michigan Law Review;Aug2003, Vol. 101 Issue 8, p2744 

    Explores the reasons behind the spread of constitutional review rather than U.S. judicial review in Europe. Examination of a debate on establishing judicial review in Europe; Difference between the European model of review and the U.S. judicial review model; Convergence of the two systems of...

  • THE SCOPE OF THE INITIATIVE AND REFERENDUM IN CALIFORNIA. Greenberg, Donald S. // California Law Review;Oct66, Vol. 54 Issue 4, p1717 

    Discusses the scope of the initiative and referendum in California. Constitutional framework; Prior-to-enactment determination of validity; Exclusive delegation; Administrative-legislative distinction; Judicial review of urgency declarations.

  • IF MEN WERE ANGELS. Casto, William R. // Harvard Journal of Law & Public Policy;Summer2012, Vol. 35 Issue 3, p663 

    No abstract available.

  • The Arab Fall? JHHW // International Journal of Constitutional Law;Jul2013, Vol. 11 Issue 3, p553 

    An introduction is presented in which the author discusses various reports within the issue on topics including deliberative legitimacy of judicial review, constitutional transitions in the Middle East, and the role of Islamic law in a democratic constitutional framework.

  • A COSTLY SIGNALING THEORY OF "HARD LOOK" JUDICIAL REVIEW. Stephenson, Matthew C. // Administrative Law Review;Fall2006, Vol. 58 Issue 4, p753 

    The article looks into the significance if judicial review in the U.S. The author emphasizes the authority of judges to review the decisions of other government bodies. He also explains that the judicial review involves abstract questions of law. Moreover, it tends to assess a government...

  • PLAYING CATCH-UP. PODGERS, JAMES // ABA Journal;Dec2010, Vol. 96 Issue 12, p58 

    The article discusses a report produced by the World Justice Project which reveals that the U.S. lags behind other highly developed nations on all except one of nine key measures of adherence to the rule of law. The index was released in Washington D.C., where it was described by the leaders of...

  • Eco-town objectors gain judicial review. Daubney, Katie // Planning (14672073);9/19/2008, Issue 1787, p3 

    The article reports on the possible delay of the British government's eco-town program after a campaign group's application for a judicial review was granted. The Better Accessible and Responsible Development (BARD) campaign against the Middle Quinton proposal in Warwickshire was told that it...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics