Evading Constitutional Inertia: Exception Laws in Finland1

Abstract

Exceptions from the prescriptions of the Constitution can be made in Finland without altering the letter of the Constitution, on condition that the exceptions are decided by Parliament in a manner that honours the qualified procedure prescribed in the Finnish Constitution for the altering or enactment of fundamental law This institution appears very different when compared to the conceptions of fundamental law in most other countries, and it originates from the time of Russian rule in Finland. Hundreds of so‐called exception laws have been enacted in Finland during the years of independence, interfering primarily with the right to property, which is guaranteed in the Finnish Constitution. Other rights have been violated in exception laws to a much lesser extent. Empowerment laws. i.e. exception laws that introduce a legislative delegation, have likewise primarily infringed on the right to property. Although the exception law institution has been under suspicion for obscuring the general knowledge of the meaning and intentions of fundamental laws, it cannot be denied that it has facilitated policy making and has contributed to the management of constitutional inertia.