Tensions in Finland’s ex ante constitutional review: The interplay of politics, law, and media

Abstract

Abstract Constitutional review has become increasingly subject to heated political debates and struggles. While the constitutionality of laws is often reviewed after the laws have entered into force (ex post), this article examines an ex ante constitutional review assessing the political tensions and struggles typical of it. We examine the Finnish experience, drawing on forty-nine semi-structured interviews among key actors involved in the work of the Constitutional Law Committee (CLC) of the Finnish Parliament, which controls the constitutionality of laws before they enter into force. We find that tensions between law and politics are an important element of the ex ante constitutional review and show how they emerge in the work of the CLC and how the key actors involved in the review seek to control and manage them. We also suggest that the political tensions surrounding the ex ante review have intensified in recent decades and find three main reasons for this development. First, as constitutional and human rights have found their way into an increasingly wide range of political matters, political tensions in constitutional assessment have been aggravated. Second, external legal experts have begun to play a more prominent and public role in the review process, adding to the public tensions relating to constitutional interpretation. Third, the media and journalists have become increasingly interested in constitutional questions, which further inflames tensions. As a result, we suggest that scholars should increasingly explore and make transparent these de facto practices in constitutional review.