Finland

by Anu Mutanen, LL.D., M.Sc. (Admin.), University of Helsinki. Finland used to have one of the most sovereignty-oriented constitutions amongst the Member States of the European Union (EU). However, the EU membership attained in 1995 and the overall Europeanisation and internationalisation of the Finnish constitution during the 1990s contributed to a change towards a non-sovereignist constitution. This was evidenced in the new Constitution adopted in 2000 and, in particular, in the comprehensive constitutional revision realised in 2012. As a result, Section 1 of the Constitution of Finland currently entails both a clause on state sovereignty and a clause on EU membership as follows: ‘Finland is a sovereign republic. [–] Finland is a Member State of the European Union.’ How did this unprecedented constitutional regulation come about?

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Swiss votations on February 9, 2020

by Prof. Markus Kern / Fabian Schmid, University of Bern

On February 9, 2020, two proposals were up for decision by the Swiss electorate:
– the Popular Initiative claiming “more affordable homes” as well as
– a referendum concerning a ban on discrimination based on sexual orientation in criminal law
The Popular Initiative was rejected by 57.1% of the Swiss population and by all but 4½ of the cantons, whereas the amendment of criminal law was clearly accepted by a majority of 63.1% of the voters. Electoral turnout was at 41.7% resp. 40.9%.

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Illiberal constitutionalism 2 – constraints on public power

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary

Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.

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