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The Legal Protection of Human RightsSceptical Essays$
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Tom Campbell, K.D. Ewing, and Adam Tomkins

Print publication date: 2011

Print ISBN-13: 9780199606078

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199606078.001.0001

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Judicial Constitutional Review as a Last Resort

Judicial Constitutional Review as a Last Resort

Chapter:
(p.365) 18 Judicial Constitutional Review as a Last Resort
Source:
The Legal Protection of Human Rights
Author(s):

Kaarlo Tuori

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606078.003.0018

This chapter starts by outlining the chapter's moderately critical analysis of external constitutional review of legislation and moves on to describes the ex post concrete constitutional review of legislation introduced in 2000 as it relates to the Finnish case, which was added to the pre-existing system of abstract ex ante review exercised by the Constitutional Law Committee of Parliament. The latter is a quasi-judicial body composed of Members of Parliament and advised by constitutional experts whose opinions tend to be adopted by the Committee and are respected by the courts, but does not have to be followed by the Parliament. Ex post judicial review can bypass the legislation it considers ‘in evident conflict with the Constitution’ but the primary duty of the courts is to interpret legislation consistently with constitutional provisions. This is presented as a hybrid model which has retained a strong parliamentary involvement, although the chapter accepts that there is a certain juridification of legislative politics through the input of the Constitutional Law Committee of Parliament.

Keywords:   Finnish constitutional review, Europeanization, judicial review, external constitutional review, courts

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