Copyright by

Raymond Henry Kaaret 1958 THE GOVERNMENT OF

by Raymond H. Kaaret

Submitted to the Graduate Faculty of the American University in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy

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WAttnimm *n. o. a ACKNOWLEDGMENTS

The co-operation of various persons directly or indirectly concerned with the in granting personal interviews and in offering guidance and assistance is gratefully acknowledged. Especial thanks is offered to Professors V. Merikoski and Jan-Magnus Jansson and Maisterl Kauko Sipponen, of University, Professor Paavo Kastari, of Helsinki University and Second Minister of the Ministry of Communications and Public Works, Professor Eino Saari, of Helsinki University and Chairman of the Finnish Peoples party and member of the Diet, and Professor Tuttu Tarkiainen, of the Institute of Social Sciences of Helsinki (Yhteiskunnallinen Korkeakoulu). Appreciation is also expressed for the information and answers to interview questions received from Mr. Kaarlo Pitsinki, Secretary of the Social Democratic party, Mr. A. Korsimo, Secretary of the Agrarian Union, Mr. Matti Tuovinen, Secretary of Information of the Agrarian Union, Mrs. Hertta Kuusinen, Chief Secretary of the Finnish Peoples Democratic Union and member of the Diet, Mr. E. Hyvdnen, Press Secretary of the Finnish Peoples Democratic Union, and Mr. Kalevi Terasalmi, Secretary of the . Thanks is also extended to Mr. Yrjb Va.iina.nen, of the Finnish Embassy in Washington,

ii H i D. C., who offered valuable suggestions in the early stages, and to Dr, Schuelke, Cultural Attach^ of the American Embassy in Helsinki, who arranged several of the introductions that led to personal interviews with Finnish political leaders, government officials, and other persons concerned with Finnish governmental affairs* The kind assistance rendered by the staffs of the Library of Parliament, the Helsinki Municipal Library, and.the Helsinki University Library is fully appreciated. Finally, the counsel of Dean Catherine Seckler-Hudson, Chairman, and the other members of my Dissertation Advisory Committee, Drs. William E. Biggs, Mary E. Bradshaw, and Aldo L. Raffa, and Mr, Karl E. Olsoni, is gratefully acknowledged. TABLE OF CONTENTS CHAPTER PAGE I. INTRODUCTION ...... 1 The Problem ...... 3 Statement of the problem...... 3 Importance of the s t u d y ...... 3 Research methods and materials...... 4 Review of the literature ...... 5 Outline of the remainder of the study . 12 The Land and the P e o p l e . 13 Geographical setting ...... 14 Population and ethnological background . 15 Culture, education and religion • • . • 17 Economy...... 20 War reparations 23 Social welfare ...... 25 Political Heritage ...... 26 Early beginnings ...... 26 The Russian period: Awakening of the national spi r i t ...... 31 The independent republic • •••...• 39 II. THE FINNISH CONSTITUTIONAL SYSTEM ..... 51 Basic Landmarks and Fundamental Laws . . . 53

iv CHAPTER PAGE Basic Constitutional Principles and Characteristics...... 57 General principles ...... 57 Rights and obligations of citizens • • • 60 Constitutional amendment • ...... 61 The Constitutional Framework: A General Survey 62 The D i e t ...... 62 The Council of State and the Prime Minister ...... 69 The of Justice...... 72 The President • » ...... 74 The Judiciary ...... 77 General and local administration • • . • 79 Civil s e r v a n t s ...... 81 Church autonomy...... 83 Political parties ...... 84 III. THE LEGISLATIVE PROCESS...... 92 The Principals in the Legislative Process • 93 The Legislative Role of the President . . . 95 The Legislative Role of the .... 96 General authority ...... 96 The preparation of legislation in the Cabinet ...... 97 Vi CHAPTER PAGE The D i e t ...... 99 Status and functions ...... 99 Membership and organization ...... 101 Organs and facilities of the Diet • • • • 103 Parliamentary debates ••••• ...... 107 Legislative committees Ill The Committee on Constitutional Laws . « • 117 The Grand Committee • «.•••••••• 119 Legislative Procedure * . . • ...... 121 Preliminary stages ...... 121 Readings and decision ...... 124 Transmittal, sanction, and publication • • 126 Special forms of procedure ...... 126 Financial and budgetary procedure . . • • 132 Diet-controlled units concerned with finance...... 135 The power of decree • . • •••••»•• 137 The Role of the Political Parties in the Legislative Pro cess »*•••. . . • 139 The Legislative Interrelationships Among the President, Cabinet, and Diet: A Summary...... 144 IV. THE CABINET SYSTEM ...... 147 Prime Minister and Cabinet...... 148 vii CHAPTER PAGE The Cabinet: Status and functions . . . • 148 The Cabinet: Organization ...... 149 Cabinet procedure • • • ...... 153 Decrees and regulations ••••••••• 158 The Prime Minister ...•••.••••• 160 Parliamentary Supervision and Control of Administration •••••••••••. 162 Means of supervision and control • • • • • 162 Ministerial crises and governmental instability ...... 167 Governments of officials...... 175 National Administration •••••••••• 178 National administration: General characteristics ...... 178 National administration: Organization and powers ••••••.. 179 The conduct of foreign relations ..... 189 The Civil Service •• ...... ••••• 192 The civil service: Characteristics and organization «••••• ...... 192 and Administrative Relation­ ships Among the President, Cabinet, and the Diet: A Summary...... 200 viii CHAPTER PAGE President and Cabinet ...... • 200 The Executive and the Diet .«•••.. 202 V. THE PRESIDENT...... 204 Historical Background ..••••••••• 205 The Office: Its Nature, Functions, and Responsibilities ...... 210 Electing the President ...... 210 Presidential decisions • ...... 214 The President as Chief of S t a t e ...... 221 The Presidents Position in the Consti­ tutional System: A Summary ..••••• 225 VI.’ POLITICAL PARTIES AND NATIONAL ELECTIONS . . 228 The Parties: Background ••••...... 229 The Social Democratic party • ...... 229 The Agrarian Union •••••.••••• 235 The Finnish Peoples Democratic Union . • 238 The National Coalition party ...... • 243 The Finnish Peoples party 245 The Swedish Peoples party •••.••.« 246 Party Organization •••••••.••.. 247 The Basic Issues •••.•• ...... 252 National Elections ...... 262 The conduct of Diet Elections ••.••• 262 ix CHAPTER PAGE General elections In 1948, 1951, and 1954 266 Party representation In the Cabinet • • • 269 The Parties and the Trade Unions 272 Summary 276 VII, LOCAL GOVERNMENT...... 278 Historical Background 279 Local Government: Organization and Status ••••«••••••••••••• 284 General characteristics ••,•••••« 284 Municipal economy ...... 294 Inter-munic ipal co-operation...... • 296 National Government Supervision •••••• 296 General characteristics 296 Municipal police and judicial authorities 299 Summary and Observations ••»••••••• 301 VIII. THE JUDICIAL SYSTEM •••*•'•• ...... 305 General Characteristics ...... 305 Background and general charac­ teristics ••••••••• 305 The Ordinary Courts ...... 307 General...... 307 Courts of the first Instance ...... 309 X CHAPTER PAGE Courts of Appeal ••••• ...... ••• 312 The Supreme Court ...... 313 The Administrative Courts »•««••••• 315 The Supreme Administrative Court • • • • • 315 The Provincial Courts ...... 318 The High Civil Service Court ••••••• 321 Other Special Courts and Judicial Units . . 322 The Labor C o u r t ...... 322 The National Court of Impeachment .... 323 Other courts •••••...... 324 Quasi-judicial units ••••• ...... 325 Judicial supervision ...... 325 Summary ...... 326 IX. SUMMARY AND CONCLUSIONS...... 328 Summary ...... 328 Conclusions ...... 335 Recommendations...... 347 Areas for Further Research ••••••••• 350 SELECTED BIBLIOGRAPHY...... 354 xi LIST OP TABLES TABLE PAGE I. Elections to the Finnish Diet* 1948-1954 . « 268 II# Party Representation In the Cabinet, 1946-1958 ...... 270 III. Number and Size of Finnish Municipalities, 1955 286

LIST OF FIGURES FIGURE PAGE 1. Government of Finland...... 68 2# Post-War Cabinets in Finland ...... 171 3# Simplified Organization Chart of the Major Finnish Political Parties . . . . • 249 4. Municipal Government in Finland ...... 290 5# Court System of Finland •••••....# 308 CHAPTER I

INTRODUCTION

"No, the heroes have not perished, Kaleva's great race has died not, When one dies, is born another, And the best of staves they carry, Longer sticks to sound the water, And their nets are twice as fearful."1

Finland's great national epic— Kalevala— reflects today, as it has for many years past, the Indomitable spirit of a people who have had to fight a grim battle for existence, not only against the forces of nature, but also against her neighbors. By force of geographic cireurnstance, Finland has been the centurles-long battlefield of the historical giants of the North— Sweden and Russia. In more recent times, because of this same central geographical position, Finland was inevitably embroiled in the two World Wars. Even today, she remains in the unenviable position of being caught between the two great ideological blocs— the East and the West.

W. F. Kirby (trans.), Kalevala: The Land of the Heroes, comp. Ellas Ldnnrot (Everyman's Library. "London: J. M. Dent & Sons, Ltd., 1956), II, p. 237. An understanding of the Finnish people would be Incomplete without an appreciation of the extent to which the Kalevala is Ingrained in the Finnish culture. See the introduction to Vol. I, by J. E. C. Grundy, pp. v-vi.

1 In the course of these tumultuous years, Finland has developed her democratic political Institutions, first In partnership with Sweden, then under Russian domination, and, finally, as an Independent nation* Ever In the shadow of the colossus to the east, Finland has had to learn the hard Q lesson of co-existence for survival. In coming to terms with reality, Finland has not sacrificed her independence nor her democratic way of life. Her political Institutions, which weathered the many political, economic, and military storms that beset the nation, have had to be tempered to fit the precarious circumstances of the present era of co-existence. Although a moderate amount has been written about Finlandfs efforts to maintain her independence, only a very little attention has been devoted to her democratic political institutions. It would profit the students of Western democracy to study the political institutions of this small nation, which has survived the attacks of foreign invaders, as well as severe political and economic crises, without having sacrificed her basic democratic character.

2Anatole 0. Mazour, Finland Between East and West (Princeton: D. Van Nostrand Company, inc., 1&56), pp. v-vi. 3 I. THE PROBLEM

Statement of the problem. It was the purpose of this study (1) to present a description and critical analysis of the structure and operation of the present»day governmental system of the Republic of Finland, with primary reference to the relationships among the President) Prime Minister* Cabinet* and Parliament; (2) to identify and interpret some of the Important dynamic features of the central governmental system; and (3) to draw attention to certain unique features of the Finnish constitutional system that warrant further close study by students of comparative government and administration.

Importance of the study. The strategic position of Finland between the powers of the East and the West has created for that small nation tensions and problems unknown to other Western democracies. Accordingly, Finland's political institutions have tended to develop characteristics somewhat different from those of her sister democracies. Furthermore, the have undertaken to combine certain features of a "presidential1* form of government with their basically "parliamentary" or "cabinet" form of government.®

®For a classification of forms of government, see Herman Beukema and Associates, Contemporary Foreign Governments (third edition: Hew York: fiinenart & company, T n c '.', 1955), p. 8. 4 Recent comprehensive studies of a political nature of the Finnish constitutional system* particularly in the universal languages* are scarcely available. This study has attempted to throw some light on this unusual constitutional system and thereby aid in filling the gap in the comparative literature of Western democratic institutions*

Research methods and materials. An historical approach was used to explore all the foundational elements and background material of the problem at hand so as to place it in its proper perspective. Descriptive methodology was then employed to bring into focus all of the components of the problem that were necessary for a purposeful evaluation of their relationships. Finally, analysis was made of all the facts gathered in order to determine what were the significant relationships implicit in the problem and to arrive at a final evaluation. Materials used in the study included (1) the official and secondary sources cited in the bibliography;4 (2) the results of interviews with key representatives of the

4Infra, pp. 354-368. Finnish government and other informed persons, both in Washington and Finland; and (3) the results of personal observations* Official and secondary source materials were found primarily in the Library of Parliament in Helsinki* Helsinki University Library* Helsinki Municipal Library* and in the Library of Congress in Washington*

Review of the literature. A moderate amount of general literature is available concerning Finland* its geographical* cultural* economic* and political back­ ground* both in English and in the other universal languages.® These general works usually give only a brief r6sum£ of Finland's political institutions. Perhaps the best of these is The Scandinavian States and Finland: A Political and Economic Survey, published by the Royal Institute of International Affairs* London.® Several recent studies concerned with Finland's recent history* particularly during the Second World War

5See Selected Bibliography* pp. 364-368. Only English* Finnish and French works have been used in the present study* although some Italian and German titles were scanned. ®Royal Institute of International Affairs, The Scandinavian States and Finland: A Political and Economic Purvey (London: Rioyal Institute of International AJffairs* 1951 r. 6 period, are available. Professor Mazour’s Finland Between East and West is an excellent general treatment of m o d e m Finnish history and it also includes a summary of Finland's earlier history* In Finland in the Second World War* Professor Lundin critically analyzes Finland's "connections and conflicts with the two great totalitarian states,” Germany and Russia, just before and during the Second World War*8 V&inb Tanner's , available both in English and Finnish, gives a personal account of the fruitless Finnish-Russian diplomatic negotiations preceding the Winter War.9 Translated and edited by Professor Wuorinen, Finland and World War II: 1939-1944, Is an anonymously written informative, though partisan, account of Finnish domestic and foreign policies of that period.*0 These four mentioned books do not bear directly upon Finnish polltloal institutions, but they do provide some insight into the currents and cross-currents running through Finnish political affairs*

^Mazour, op. cit. Q C. Leonard Lundin, Finland in the Second World War (Bloomington: Indiana tfnlverslTy Press, 19677. 9Vainb Tanner, The Winter War (Stanford: Stanford University Press, 1957T7™ 10John Wuorinen (ed., and trans.), Finland and World War II: 1939-1944 (New York: Ronald Press Company, 1948)• More comprehensive works devoted to Finnish political institutions, In English and the other universal languages are almost entirely lacking* Perhaps the most noteworthy work is Professor Merikoski's Precis du Droit Public de la Flnlande, translated into French from Finnish by Arvid Enckell.1* It is valuable as a legalistic precis of the fundamentals of Finnish public law. However, it does not treat extensively, if at all* of the extra- constitutional dynamic forces such as political parties. Arvid Enckell!s Democratic Finland is too brief to present a complete analysis of the Finnish constitutional system and is rapidly becoming outdated. In the , the more comprehensive works of. recent origin are primarily those found among the various series published by the Association of Finnish Jurists (Suomalainen Laklmlesyhdiatys). Most of these studies have a formal legalistic orientation and to that extent are of limited value in portraying the complete picture of the political and constitutional system of

**V. Merikoski, Prlcis du Droit Public de la Fin- lande, trans. Arvid Enckell (Association oj^FinnisE Jurists, Series D, No. 1, Ius Finlandiae. Helsinki: Suomalaisen Kir jail isuuden Sieuran Kir japaino Osakeyhtlb,

l^Arvid Enckell, Democratic Finland (London: Herbert Joseph Ltd., n.d.)• 8 Finland* Significant among this group are Hermanson's and Kalra'a Suomen valtloa’&Antb p'dEplirteltta.in [The main features of the Finnish Constitution],1® and Merikoski's Suomen Julkisolkeua paApllrtelttaln [Main Features of Finnish Public Law].14 Together, these two volumes present the basic fundamentals of the Finnish constitutional structure. Because they are essentially legal'works, they do not go beyond the purely formal foundations of Finnish law. Parenthetically, it may be noted that both of Merikoski's studies cited above, one in French and the other in Finnish, are to some extent duplicative of each other* Included in the same series as the above named books are a variety of works on such subjects as the general traits of Finnish municipal law, history of the , and legislation concerning civil servants. All of these tend to be formal and legalistic analyses of their

13R. Hermanson and K. Kaira, Suomen valtiosa'dnt'6 adp1irtei11gin (Suomalaisen Lakimiesyhdistyksen 5ulkaisuja, fi-Sarja, No. 54. Helsinki: Werner Sbderstrbm Osakeyhtid, 1952)* Note: The Finnish style of capitalizing only the first word and proper nouns within the book title has been followed in citing Finnish books in footnotes and bibliography* 14V. Merikoskl, Suomen Julkisolkeua p&apiirteitta.in (Suomalaisen Lakimiesyhdlstyksen Julkaiauja, B-Sarja, No, 80* Helsinki: Werner Sbderstr’dm Osakeyhtib, 1956}* subjects. They can well serve as a point of departure for more comprehensive studies of the respective subjects* In another series published by the Association of Finnish Jurists are found a group of writings, inoludlj^ doctoral dissertations, some of which relate to Finland's political institutions. More Important among these are R* Erich's Suomen oikeusasema [Finland’s Legal Status],*® and Paavo Kastari's Eduskunnan hajoltus [The Dissolution of Parliament]**® Both are valuable contributions to Finland's political literature with reference to the subjects with which they are concerned. They are not of very recent date, however* Annually revised editions of Suomen laki [Finnish Law] are published regularly by the Union of Finnish Lawyers (Suomen Lakimies Llltto) in co-operation with the Government of Finland. These volumes provide an authorita* tlve listing and analysis of current Finnish laws and decrees* 17

*®R# Erich, Suomen oikeusasema (Suomalaisen Lakimiesyhdistyksen ^ulkaisuja, A-Sarja, No. 13. Vammala: Tyrvain Kirjapaino Osakeyhtib, 1938)* *®Paavo Kastari, Eduskunnan hajoltus, (published doctoral thesis, Helsinki ’University, l&4b* Suomalaisen Lakimiesyhdistyksen Julkaisuja, A-Sarja, No* 21. Vammala: Tyrva’dn Kirjapaino Osakeyhti’d, 1940)* *7Suomen Lakimies Liitto, Suomen laki. Revised and published annually under varying editorship, and in co-operation with the Government of Finland. (Helsinki: Suomen Lakimies Liitto), 10 Gbran von Bonsdorff»s Suomen polllttlset puolueet [Finnish Political Parties] is one of the few general studies of Finnish political parties.18 Unfortunately, its value is limited by its brevity. K. R. Brotherus has produced a valuable, but brief, history of the development of the politioal institutions of the Finnish state in his Katsaua Suomen valtiolllsen jar3estyamuodon historialllseen kehitykaeen [A Review of the Historical Development of the Organization of the Finnish State]. Several Finnish government pamphlets touching upon governmental affairs are of interest. Frederlk Valros1 Finland, 1946-1952, in English, describes the general economic and political situation during the period indicated.88 Soslaalinen lalnsa&dantb tolminta Suomessa [Social Legislation and Activities in Finland], edited by Niilo Salomaa, briefly describes social legislation and activities as administered by the Ministry of Social

*®von Bonsdorff, G-bran, Suomen polilttlset puolueet (Hyv'A Tieta'A, No. 7. Helsinki: Kustannusosakeyhtib Tammi, 1957). R. Brotherus, Katsaus Suomen Valtiolllsen j&rjestvsmuodon historialllseen kekltykseen (tolnen, uudlsteutu painosj #orvoo: Werner Sbderstrbm Osakeyhtib, 1948). SOprederik Valros, Finland, 1946-1952 (Helsinki: Valtioneuvoston Kirjapaino, l§&3). 11 21 Affairs* Similar pamphlets are available from various other ministries. Several of the professional associations and political parties have also published booklets of a similar nature. None of these governmental* professional association* or party publications are in any sense comprehensive works covering the entire Finnish political structure. Two important Finnish journals must be mentioned. Valtio ja yhtelskunta [State and Society] is the yearbook of the Political Science Association (Valtiotleteellinen Yhdiatys)• 22 It ordinarily contains several informative articles relating to Finnish governmental institutions and affairs. Similarly* Lakimies [The Lawyer], published eaoh year in a varying number of volumes by the Association of Finnish Jurists, often presents valuable discussions of Finnish political institutions and problems.^® It may be concluded that there is a dearth of recently published material relating to the constitutional

21Niilo Salomaa (toimittaja), Soslaalinen lalnsa&d&ntb ja tolminta Suomessa (Helsinki: Valtioneuvoston Kirjapaino, T S s T H 22Valtiotieteellinen Yhdistys, Valtio ja yhtelskunta. Yearbook of Valtiotleteellinen Yhdistys, usually published annually (Vammala: Tyrvadn Kirjapaino Osakeyhtib). 2®Suomalainen Lakimiesyhdlstys, Lakimies. Published every year in varying number of volumes (Helsinki: Suomalainen Lakimiesyhdlstys). 12 system of Finland, particularly In the English language. It Is hoped that this study will partially fill that void. Outline of the remainder of the study. The remaining part of this chapter presents background material concerning the land and the people, and identifies the beginnings of their constitutional system. The second chapter outlines the basic constitutional landmarks and draws a general picture of the organs of government to show their structure, operation, and distribution of powers. The three succeeding chapters are concerned with an analysis of the interrelationship of the roles of the Diet, Prime Minister, Cabinet, and President In the legislative, executive, and administrative processes. A chapter Is then devoted to a survey of Finnish politics, political parties, and elections, as well as the problems of and governmental stability. Brief surveys have been made of the independent judiciary and local government, respectively, In the two following chapters. The concluding chapter summarizes the salient features of the Finnish constitutional system and compares It briefly with certain features of other democratic governments. Conclusions are then outlined as they have developed from the final evaluation o f the material. 13 II. THE LAND AND THE PEOPLE

The political institutions of any people are in large part the product of their physical, economic, and cul­ tural environment. Finland's geographical position between Sweden and Russia, as well as her exposed sea frontier in the south, has had a great effect upon the course of the nation's history and upon her political institutions* A cultural identity with the Scandinavian peoples, but yet with a language remote from any of her neighbors (except ), has affected the attitudes of the Finnish people and, consequently, their political institutions. Finland's economy, based mainly upon timber and wood products, has permitted the nation to grow, but this great reliance upon these products has made the nation's economy very susceptible to fluctuations in the world's markets and has made the country unduly dependent upon her more powerful neighbors, especially the Soviet Union, for a continuing export trade* The following section has been devoted to a brief presentation of some of the more important facts concern* • - ing the physical, cultural, and economic environment and background of the Finnish people so that a better appreciation can be gained of the significant factors that condition the development of Finnish political institutions. 14 24 geographical setting. Finland la situated at the northernmost limits of human habitat ion, between the latitudes of 60° and 70° N. Approximately one-third of its length lies beyond the Arctic Circle. Its latitudinal situation is comparable to that of Alaska. Wedged between Sweden and the Soviet Union* Finland occupies an area of approximately 150,160 square miles, ranking fourth in size among the Western European nations (after France, Spain, and Sweden, respectively). Finland's mainland extends to a maximum length of 719 miles in its longitudinal axis, and to a maximum of 557 miles from west to east. Coastline frontiers on the Gulf of Bothnia and the Gulf of Finland measure 680 miles. Of the aggregate of 1584 miles of land and river frontiers, 555 miles in the west are shared with Sweden, 456 in the northwest border on Norway, and in the east, 795 miles are common to Finland and the Soviet Union. Finland is essentially a moranic lowland of heavy forests and numerous lakes. Forests cover about two-thirds

24Jaakko Kihlberg, Speaking of Finland (Helsinki: Suomalaisen Kirjaliisuuden Klrjapaino Osakeyhti’d, 1954), pp. 1-4; Ray R. Platt (ed.), Finland and Its Geography: An American Geographical Society handbook TBosl;onl Little, Brown « Company, 1955), passim; and Suomi: A General Handbook on the Geography of Finland (l*'ennia~~No. 7£. Helsinki: The Geographical""Society of Finland, 1952), passim. of the land area making Finland relatively one of the moat wooded countries in the world* Lakes and rivers cover about a tenth of the land area* Most of the 60*000 lakes are found in the interior of the southern section* Many of them are formed Into waterways by a series of connecting oanals, short riversi and rapids. There are no great mountain chains i and the highest of the few mountains in Finland is only about 4*000 feet. By comparison with other areas in the same latitudes, Finland has a relatively warm climate, especially in the southern part where the warm air blowing from Norway and the Gulf Stream brings rain and warmth. Summer seasons are usually long enough for some of the basic needs of agricul­ ture.

Population and ethnological background*g5 Piecing together the fragments of ethnological history, it is believed that the pre-historic Finns occupied, in common with the Estonians, Hungarians, and other national minority groups of central and northern Russia, an ancestral home

E. Burham, Who Are the Finns: A Study in Pre-history (London: FaBer & FaFer, £td., T9B6), Claps. I, VI, X, and pp. 82-88; and Ahti Karjalalnen, A National Economy Based on Wood (second edition; Helsinki: Tammi Publishers 195(57, pp. 12-17. 16 located between the bend of the Volga and the Baltic Sea* The earliest Finns entered what Is present-day Finland in the first century A.D. They encountered only a few Scandinavian Bronze Age descendants and sane nomadlo Lapps * Intermittent waves of immigration from Scandinavia, from the third century on, culminated in the Crusades (1154-1293), which resulted in Finland becoming a province of Sweden and being brought into the civilized community of medieval Europe* In the coxrse of these interminglings the majority of the Finns became anthropologically identified with the Nordic or Scandinavian peoples, though retaining their Finno-Ugrian family language. The was also introduced and today there is in Finland a linguistic minority group numbering about 9 per cent of the total population. The population of Finland was 4,265,000 in 1955. Its population density is one of the lowest in Europe; only Norway and Iceland having lower rates* The average density was about 32.5 persons per square mile In 1955. Local density rates vary greatly, however. In 1955, southern Finland had a density rate of about 36.4 per square mile as compared with a rate of about 7*3 per square mile in the northern and eastern sections* 17 A favorable birth rate over the death rate is increasing the total population slowly. Emigration has been greater than immigration, but not sufficiently to alter the upward population trend, Finland’s population is increasingly being urbanized. In 1880, the rural population was 90 per cent of the whole; in 1950, the rural population had dropped to about 67 per cent. This trend was particularly accelerated after the Second World War, and it has brought with it attendant housing as well as other social and economic problems.

Culture, education and religion. For the seven centuries following the First Crusade in 1155, Finland's cultural and political development was intimately tied to that of Sweden. The medieval church united the tribes of early Finns that had settled in western and southern Finland through ecclesiastical order and education.2® Following the Reformation, the Lutheran faith became the national church of Sweden-Finland, Finland having become by this time an integral part of the Swedish Kingdom, though autonomous in considerable degree.

26The Finnish Rational Committee of the Lutheran World Federation, The Church of Finland (n.p: Suomalaisen Kirjallisuuden Seuran KirjapaTno Csakeyhtio, 1949), pp. 3-5. 18 Finnish became a written language when Bishop Agricola first translated the New Testament into Finnish in the sixteenth century. 27 In the course of the years* various words were borrowed from Swedish* Lithuanian* Russian, and other sources, but the original Finno-Ugric base remained almost intact. 28 The use of Swedish in administrative and educated circles* and by Swedish immigrants and their descendants* led to its acceptance as one of the two official . in the early years was largely a function of the ecclesiastical authorities. Compulsory school attendance was first prescribed in the Church Law of Sweden-Flnland of 1686. Literacy was made a condition of enjoying civil rights and punishments were meted out to persons who failed to attend school or who had failed to learn to read on having attained maturity. As a result* 9Q Finland achieved widespread literacy at an early date. During the period of Russian domination, general education was discouraged and it was not until independence

27Arvi Korhonen (toimittaja) , Suomen Historian Kasiklrja (Porvoo: Werner Sdderstrom Osakeyhiib, 1§49)* I, 366-505. 2®Burnham, op. clt., Chap. IV. 29Niilo Kallio, The School System of Finland (fourth edition; Helsinki: Suomalaisen hirjallisuuden Kirjapaino Osakeyhtlb, 1956), pp. 7-8. 19 had bean achieved that school attendance was made mandatory by the School Attendance Act of 1921. Present laws provide for compulsory school attendance for a period of nine years or completion of the eighth year of the folk school. State grants to education are relatively higher in Finland than in most other countries. Folk school education is administered at the local level with a minimum of State control. 30 According to a recent UNESCO study, Finland had the lowest illiteracy rate in the world in 1953 The rising tide of Finnish national spirit during the period of. Russian control proved a barrier to the introduc- tion of Russian religion and culture into Finland. All attempts at Russification were stubbornly resisted. Russian-born persons and members of the Greek Orthodox faith were discriminated against by local Finnish officials in the exercise of their domestic and civil rights. The result of this general resistance to the intrusion of Russian ideas and culture can be seen today in the fact that only 1.7 per cent of the Finnish population is of the Greek Orthodox

g0Ibld.. pp. 7-8, 15-18. 31 United Nations Publications Office, United Nations Bulletin. XIV, No. 9 (May 1, 1953), 352. ------g2Infra. pp. Sl-39; 20 faith, while about 96 per eent belong to the Lutheran Church. Nor is there any cohesive Russian-speaking group in evidence comparable to the Swedish-speaking minority group. In any event, Russian cultural influence has been restricted mainly to those regions along the Russian border, such as Karelia, mo st of which are now under the control of the Soviet Union.33

Economy. Lacking most of the vital natural resources that make for self-sufficiency, Finland has as its basic commodity ngreen gold*1— forests. Seventy-one per cent of the nation's area is covered with economically valuable pine, spruce, birch, and other woods. Finland has become in recent years one of the world's leading producers and exporters of wood and paper products.34 At present, about 61 per cent of the forested land belongs to private owners, mainly farmers, while a little less than one-third is owned by the State. The typical agricultural unit is the individually-owned small forest- farm, which combines farming, livestock raising, and

3®Mazour, og, cit., map, p. 5, and pp. 16-16. ^ j Jukka Miesmaa (ed.), Facts About Finland, trans. Paul Sjbblom (second revised edition; Helsinki: Otava Publishing Company, 1955), p. 25. 21 forestry. Many farmers mast supplement their near- subsistence farming with forest cultivation, both for domestic consumption and for income purposes.®® In spite of recent increases in the number of privately-owned farms, the number of persons engaged in agriculture and forest husbandry declined rapidly from 52 per cent of the total population in 1940, to about 38 per cent in 1950. The expanded metal industry, during the same period, showed a gain from 22 per cent in 1940, to 34 per cent in 1950, In view of Finland’s meager supply of raw material and over-expanded metal industry, a potentially serious economic problem presents itself. A large unemployed industrial population would pose a threat to the stability of the nation.36 Rises in trade union membership have paralleled the increase in industrial production. From a total of 80,000 members in 1944, membership increased to 291,000 in 1946, and to 347,000 in 1948. The metal workers' union is the largest. Commensurate increases in trade union organizations' political and economic strength have followed.37

®®Nils Westermarck, Finnish Agriculture (second edition; Helsinki! Pellervo SocietyJ 1§6^), pp. 37-38. ®®Karjalainen, op. cit., pp. 34-38; Mazour, op cit., pp. 185-186; and Valros, op. cit., pp. 35-36. *7 ^Valros, o£. cit.. pp. 39*40; and infra, Chap. VI. Finland relies heavily on its trade (primarily timber and vood products), especially with the United Kingdom and the Soviet Union. Recent trade agreements with the Soviet Union continue the flow of commodities to that nation which had constituted the bulk of the items Included in the reparations payments required by the terms of the Armistice Agreement. Important among these are the metal products and ships. Any dislocation of trade with respect to these products would seriously affect the Finnish eoonomy because similar markets would not readily be obtainable elsewhere. Continued favorable trade with the Soviet Union has become a significant factor in Finnish economic and political affairs.39 The Co-operative Movement occupies an important place in the Finnish economy.^ ^he movement was necessitated by the changing economic and social conditions at the turn of the century. Oppressive political measures of the Csarist government at that time fanned the movement into an Intense nationalistic undertaking.

3®Infra, pp. 48-50. 39Karjalainen, oj>. cit., pp. 34-38, 64-70, 82. ^Opellervo-Seura, Agricultural Co-operation in Finland (Helsinki: Yhtelskirjapaino Osakeyhtib, 1954), pp. 14*59; and Westermarck, oj>. cit., pp. 65-72. The Pellervo Society, founded in 1899 to promote economic co-operation among farmers, was given official sanction by the Co-operation Act of 1901* Since then> the movement has had phenomenal growth and, today, co-operative societies are found in the fields of credit, dairying* livestock slaughtering, agricultural produce marketing, wholesale and retail stores, forestry, and a host of other activitieso Planned co-operation has made it possible to reduce the costs of many commodities, thus permitting Finnish products to compete more easily in the world market, and it has Improved the standard of living at home. The co-operative societies have maintained a comparatively politically neutral position notwithstanding their Important place in the Nation. Numerous sorties have been made by economically and politically important groups* but the democratic leadership of the movement has been able to hold to a policy of almost complete non-partisanship.

War reparations. Under the terms of the Armistice 41 Agreement of 1944, subsequently confirmed by the Peace Treaty of 1947,^ Finland was compelled to suffer losses

41 Anatole 0. Mazour, Finland Between Bast and West (Princeton: D. Van Nostrand bompany, Inc., i9£>6), Appendix X. 4 2 Ibid., Appendix XI. 24 that seriously dislocated her economy.45 More than 12 per cent of the nation's land area, containing about 11 per cent of the country's industries, had to be ceded to the Soviet Union, One-third of the country's power plants and 30 per cent of the fishing grounds were included in this cession. Some 443,000 refugees from the lost territory, representing about one-eighth of the total population, had to be resettled. 44 Most of these being farmers, a huge land procurement program had to be undertaken. New jobs had to be found and payment made for abandoned property. In the north, the retreating German troops had laid waste the most of Lapland, thus imposing an additional burden of reconstruction on the Finnish people. Reparation payments totaling approximately 226.5 millions of dollars were completed in 1952, During this period, Finland was unable to avail herself of Marshall Plan aid for political reasons and had to rely on foreign loans, mainly from Sweden, to pay for imports. To comply with the indemnity provision, Finland had

45Ibid., pp. 178-182; Karjalainen, op, cit., pp. 18-24; and Lundin, op. cit., p. 9. 44Axel de Gadolin, The Solution of the Karelian Refugee Problem in Finland duplications of the Research Group for European Migratory Problems, V. The Hague: Martinus Nijoff, 1952), pp. 3-34. 25 to give up the better part of her railroad atook and a sizable part of its merchant marine* Industrial machinery was generally left in a serious state of disrepair. In addition, Finland was compelled to establish new, or expand old, industries, the most Important of which were the metal and shipbuilding Industries. To supply these Industries, Finland had to import virtually all of the necessary raw materials* Housing projects had to be undertaken to relieve the housing situation in the fast growing cities* Post-war Inflation added to the almost unbearable burden* 45

Soolal welfare. 46 Finland has undertaken an extensive welfare program, which is administered primarily at the local level, though under the supervision of the Ministry of Social Affairs. National subsidies provide about 30 per cent of the total costs, with the larger cities receiving proportionately smaller grants than the rural municipalities* Local tax receipts, in the form of income taxes, make up the major remaining share of welfare costs. Included among the long list of social welfare activities and benefits are the following: poor aid, public health and medical facilities, child and juvenile

45Karjalainen, oj>. cit.. pp. 19-24. 4®Aarne Bskola, The Social Welfare Administration in the Finnish Municipalities (The tfnlon of Finnish Rural Municipalities. Helsinki: Maalaiskuntien Liiton Kirjapalno 1954), pp. 3-11. 26 work, maternity benefits, children and family allowances, vocational training, war widows' and orphans' pensions, and unemployment relief. Family allowances account for more than one-third of the total social expenditures. Accident insurance and old age and disability insurance plans are also in effect. These cover most industrial workers, who share the cost of premiums with the employers and the State. III. POLITICAL HERITAGE

Early beginnings.^ Finland has an old tradition of freedom. The foundations of the Finnish nation were set in A.D. 1164 by Sweden's patron saint, King Eric IX, and his crusading armies when they began the unification and Christianization of the pagan Finnish tribes. The early Swedish churchmen and administrators found that many Finnish farmers had already formed embryonic free societies--villages--by which they communally regulated the use of forests, lands, and lakes. These free, rustic societies were receptive to the introduction of the free social institutions brought in by the liberal Swedes. Serfdom was never established in Finland.

47Korhonen, o£. cit., I, passim; Mazour, op. cit., pp. 2-8; and Mlesmaa, og>. cit.. p. 17. 27 After the establishment of the first bishopric at Turku4® about 1220, Sweden came into conflict with the Russian Republic of Novgorod, Thus, very early Finland became the battleground between the Eastern and Vestern powers, a position it was to hold throughout the centuries. By 1323, the Swedish conquerors had extended their control over most of southwest and southern Finland, and had more or less stabilized the eastern demarcation line in the vicinity of present-day Viipuri (Vyborg). Russian concern with the Mongolian invasion during that period removed the challenge from that quarter and enabled Sweden to grant to Finland the status of a province or landskap. However, Finland was saddled with a privileged and arrogant ruling noble class that dominated local administration. The second milestone in the nfinning upw of the Finnish nation occurred in 1556, when Gustavus Vasa, after having integrated the eastern part of Finland into his domain through a policy of colonization, established Finland as a Grand Duchy, Direct control of Finnish affairs from Stockholm had proved impractical because of trans­ portation and communication difficulties, and because of the general popular unrest brought about mainly as a result of the arbitrary exercise of power by the unruly

48Mazour, cm. cit., p. 291, for a listing of the principal names orlocalities in Finnish and Swedish, 28 nobility. The first murmurings of separatism were heard at this time from the war-weary Finnish populace. A war with Russia in 1595| followed by a series of bloody uprisings stemming from the general religious and social unrest of the period, left Finland desolated, impoverished, and demoralized. Notwithstanding the turbulence of this early period, the strength of parliamentary institutions increased. At the time of the early crusades, Sweden was not a unified state. Rather, it consisted of a group of confederated provinces— landskap. Each province had its own assembly (landsting), judges, and laws, and recognized only its own law and customs. No other law-making bodies were in existence. Each province participated in the election of the King, who had to recognize the laws and customs of each province. Only with the development of royal power, particularly during the reign of Gustavus Vasa, was central

AQ administration and a national legislative body developed. During his reign, the King's Council developed from an advisory body into a national assembly--Riksdag. The legal status of the Riksdag was officially confirmed in 1617, and the provincial assemblies assumed a subservient position in relation to it.

AQ ^John H. Wuorinen, Nationalism in Modern Finland (published doctoral thesis, Columbia University; Wew xork: Columbia University Press, 1931), p. 1. Finland shared equally in the rights and privileges of the Kingdom* In 1362, Finland was called upon to participate in the election of the monarch, although communication difficulties, as well as failure to follow legal election forms, vitiated Finland's influenoe at times. After Gustavus Vasa, the royal title became hereditary subject, however, to the right of the Riksdag to depose the monarch. Finns had equal status with other Inhabitants of the Kingdom with reference to eligibility for government positions. Finland•enjoyed equal representation in the Riksdag, which, after 1435, usually included representatives of the four estates: clergy, nobility, burghers, and peasants. Parliamentary procedures had thus become an established fact in Sweden-Finland at an early date and the Finns had shared in their development.5® During the seventeenth century, Finland was rent by a succession of wars and other holocausts. The Thirty Years War and the Karelian war with Russia in 1656 decimated and exhausted the population. During the reign of Charles XI (1660-1697), famine destroyed almost one-fourth of the population and demoralized the country. Administrative 30 abuses during much of the period, especially land distribu­ tion to the nobility, gave rise to popular discontent* During the f1700-1720), Finland again became the battlefield of the northern giants* Decisive defeat by the armies of Peter I led to the decline of Swedish pre-eminence in the Baltic area. Finnish Karelia was ceded to Russia by the Treaty of Nyatad in 1721, and a new center of power in the Baltic was established by the Russians at St. Fetersburgh on the Gulf of Finland. In 1741, and again in 1788, Sweden waged wars on Finnish soil in futile attempts to regain the territories and power that had been lost to the newly entrenched Baltic master. The result was a loss of even more territory and prestige. Sweden's final defeat came in the Russo-Swedish war of 1808-1809. Finland was incorporated into the Russian Empire and a new era began. During the latter period of Swedish rule two constitu­ tionally significant acts were confirmed by the Swedish monarch. The Form of Government Act of 1772 and the Act of Union and Security of 1789 established the constitutional form of Finland that was to endure until 1917. Lasting gains were made in local government, judicial process, and general administration, but monarchical predominance, and the consequent infrequent summoning of the Diet, in the closing decades retarded parliamentary development somewhat. 31 The Russian period: Awakening of the national spirit. The emergence of Finnish nationalistic spirit coincided with the advent of Russian domination.5* The early promise of benevolent Russian rule was not enough to dam the mounting flow of nationalistic ideas that was eventually to engulf the Russian regime. Alexander I, Czar of Russia, personally declared to an assembly of the Finnish Diet on March 15, 1809, his guarantee, Implemented by written charter, of the constitu­ tion, laws, rights and privileges, and customs then in existence. This guarantee was re-affirmed by every succeed­ ing Russian sovereign and it served as the bench mark of Finland’s status within the Russian Empire.5® Finland became a Grand Duchy in the Russian Empire, with the Czar as Grand Duke. The seat of government was established at and later moved to Helsinki. The Diet of Swedish days was continued with its four estates: clergy, nobility, burghers, and peasantry. It had only the right of petition; legislative initiative being reserved to the Crown.53

5^Ibid., p. 1. 62Mazour, o£. cit., p. 11. 53Ibld.. p. 12. 32 An Imperial Senate replaced the Swedish King's advisory and executive National Council, It consisted of two departments: one responsible for general administra­ tion and the other responsible for judicial matters and serving as the Supreme Court. The Imperial Senate was presided over by a Governor-General* who was appointed and responsible to the Crown, 54 A Minister-Seeretary of Statey appointed by and responsible to the Crown, co-ordinated Finnish affairs in the Russian capital. He was assisted by a committee of Finns. Together* they constituted the Ministerial- Secretariat, It advised the Czar on all matters to be regulated by executive decree. All government officials had to be Finnish by birth with the exoeption of the Governor-General,55 Finland was subjected to the Empire-wide laws, as well as to the obligations of Russian treaties and agree­ ments with foreign nations, Finland remained autonomous with reference to most domestic matters, but the Crown reserved jurisdiction over the military, the press, education, and* to a lesser extent, transportation and

54Enckell, 0£, cit.* p, 15; and K. W. Rauhala, Keisarlllinen Suomen senaatti* 1809-1909 (Helsinki: KustannusosakeyhiiS Otava, 1915)* I, Chap. I, 55Wuorinen, o£. cit., p. 30-32. 33 communications,®6 The provinces of western Karelia were once again joined to Finland and the £land Islands were incorpo­ rated into Finland for the first time. Thus, Finland enjoyed several new advantages not found under Swedish rule. The new advantages were not enough. A growing sense of cultural unity, especially among the younger educated Finns, gave rise to fears that their new identity would be submerged in the amorphous Slavic community. The relative political autonomy was not, in their view, an adequate safeguard against the threatened Russification. To forestall any such amalgamation, the Finnish patriots deliberately set about establishing distinct notions of Finnish culture and nationality.®^ Separatist ideas, as such, did not manifest themselves until several decades later. Their first tasks were to develop the rude Finnish tongue into a literary language, create a national , and to gain acceptance of the Finnish language in governmental, educational, and literary circles. The Finnish language was to be the basis of national unity.58

®®Mazour, op. cit., p. 12, ®7Wuorinen, o£. cit., pp. 1-2. 68Ibid., p. 53. 34 In the Romantic period of the 1830's and 1840's, a great surge of cultural activity occurred* Finnish historical studies were undertaken, Finnish was Introduced Into the schools' curricula, and the collection of Finnish folklore began in earnest. 59 The Saturday Club was formed. A society of eminent men of the period devoted themselves to the promotion of the Finnish national conscience. Its membership Included some of Finland's greatest men: J, V, Sneliman, statesman and philosopher; J. L. Runeberg, the national poet; Z. Topelius, author and poet; an", E. LiSnnrot, compiler of the national epic— Kalevala. The contribution of these men to the cultural development and national consciousness of the Finnish people is beyond measure. 60 The Finnish nationalist movement did not assume a truly political character until the reign of Alexander II (1855-1881). Buoyed along by the tide of political liberalism and nationalism that was sweeping over Europe, the Finnish patriots sought more than the Russian bureaucracy was willing to give.

59Ibld., pp. 59-62. 60Ibid., pp. 76-79; and Ilmari Havu (ed.), An Introduction 'to Finnish Literature, trans. Paul SjTTElom (Helsinki: OTava Publishing Company, 1952), pp. 8, 18-39. 35 The Diet had been convened in 1863 for the first time in fifty-six years. Alexander II added a constitutional amendment guaranteeing that, henceforth, the Diet would be summoned at least once every five years* Finnish was established in principle as an official language. A favorable trade agreement was negotiated with the Bmpire. Finland was permitted her own coinage* These and other gains were still not enough. The regenerated Diet pressed for greater reforms* Demands were made for more Finnish participation in the diplomatic and consular services and for separate naval and military units* Finnish officials curtailed the civil, political, and economic rights and privileges of Hussian-born subjects. A severe period of Russian reaction was ushered in following the assassination of the liberal Alexander II. Troubled days loomed ahead for the Grand Duchy when the Bmpire inaugurated a new policy of greater nationalism* Finland was perhaps more seriously affected than any of the borderland provinces* Political centralization and the curtailment of local self-government were concomitant parts of the new campaign of forceful Russification.62

61Mazour, 0£. cit*. p. 17, 62Ibid* The ascendancy of Nicholas XI (1894-1917) brought an Intensification of the Russification oampaign* N. V. Bobrikov, appointed Governor-General in 1898, vigorously proceeded to undermine the remaining autonomy of the Grand Duchy. Circumventing constitutional channels, he caused to be issued a royal decree in 1899, which virtually nullified the Finnish Constitution and reduced the Diet to impotency. The same decree destroyed the territorial character of the Finnish army. All legislation of Imperial concern" was to be enforced throughout the Empire and matters within the scope of the Finnish Diet were* henceforth, to be determined by a special committee in St* Petersburg^.* Initial passive Finnish reaction flared into violent opposition as the severity of Bobrikov's police measures increased. He and other officials were assassinated. The budding Finnish labor movement joined the general strike that raged throughout the Empire in 1905. The Imperial government, plagued by domestic upheavals and military reverses in its war with Japan, was finally compelled to concede defeat* In 1905, an Imperial manifesto repealed most of the repressive measures of the recent years* Finland's autonomous position in the Empire 37 was restored*6® Fearing that this was not the end of the struggle against the Imperial regime, the Finnish people began to strengthen their democratic institutions. The Diet was assembled into immediate session to overhaul the Constitution* The Diet Act of 1906, a constitutional landmark, re-established the political basis of Finland. A unicameral parliament was created consisting of two- hundred members elected by universal, free, and secret ballot. Suffrage rights were extended to all male and female citizens over twenty-four years of age. Thus, Finland became one of the first countries in the world to grant women equal voting rights.64 The Social Democratic party, which had played an important part in the general strike, emerged victorious in the first free election held under the new law in 1907. Finland's struggle with the Empire was not yet over. Under the redoubtable Peter A. Stolypin, the Russian Prime Minister, the Imperial regime in Finland once again initiated a campaign of subjugation. Intermixed with an

63Ibid., pp. 23-27; and Korhonen, op. cit,, pp. 296-370. “ 64Enckell, oj>. cit., pp. 18-19. 38 endless torrent of legalIstic argumentation as to the political status of the Grand Duchy In the Bupire, were the more significant direct measures of the Prime Minister. 6 S In effect, a Russian law of June 30, 1910 once again reduced the Finnish Diet to the status of a consulta­ tive body. Passive resistance and entreaties to the Imperial regime proved futile. However, prosperous economic conditions during the First World War served to stem the tide of nationalist passion. Furthermore, martial law during this period made public expression of discontent difficult. But under the surface not all was well and the day of reckoning was nearly at hand. The Russian Imperial government crashed In March of 1917. The Provisional government immediately restored parliamentary government to Finland. The Finnish Diet, controlled by the Social Democratic party* seized the Initiative in determining the new relationship with the Russian government by passing the so-called Independence Bill of July, 1917. The bill was declared unlawful by the Kerensky government and the Diet was dissolved. The bill would have arrogated to the Finnish government virtually all authority over Finnish affairs with the exception of defense and foreign affairs.

®5Mazour, op. cit., pp. 27-38; and Korhonen, op. cit.. pp. 404-405. 39 The dissolution of the Diet gave further impetus to separatist sentiment, which was already at a high point. Pears of the rising tide of revolutionary Bolshevism rallied the conservative and center political groups to the nationalist cause. When the Bolsheviks seized power in Russia, the newly-formed Finnish Diet favored independence. Finland became officially independent on December 6, 1917.

The independent republic. Finland was readily accepted into the family of nations. The Soviet Union extended recognition almost immediately even though the Finnish left wing had failed to Install a revolutionary government. Other states soon followed. The devisive social and political forces extant throughout Europe were mirrored within the new republic. In the uncertain period prior to the declaration of independence, the nation had been in the process of aligning itself into two camps.6® On the one hand, the conservative, bourgols, and peasant groups had created a number of patriotic societies throughout the nation to further the cause of nationalism and to combat the rising peril of revolutionary bolshevism. These groups became known as the White Q-uard.

^Mazour, ©« cit., pp. 45-55; and Korhonen, op. cit., 457-464. 40 On the other hand) labor and socialists groups formed a counter array of political units, which came to be known as the Red Guard. The extreme leftist: elements in the labor unions and the Social Democratic party soon gained control of the Red Guard* To ward off the threat posed by the revolutionary elements of the Red Guard and Russian troops still on Finnish soil) the Republic's regent, P, E. Svinhufvud, called for national conscription, and, in addition, sought military aid from Germany. Fearing the worst, the Red Guard, under revolutionary leadership) seized control of the government in Helsinki on January 18, 1918, and declared Finland a Socialist Workers' Republic. The set up a refugee government at Vaasa, and organized the White Army under the command of General Mannerheim. A short, but bloody, fratricidal war followed, terminating in the decisive defeat of the revolutionary forces. The Russian troops proved to be a minor factor, although the White Army was effectively aided in the final stages by German troops* After an abortive attempt by the Germanophilic Regent to install a monarchy under a German prince, the reins of government passed to General Mannerheim. National elections were held in March, 1919, in which the recently 41 discredited Social Democratic party gained eighty of the two-hundred seats. The Finnish Republic was established on June 17, 1919, snd the new Constitution was promulgated on July 17, 1919.67 Torn by class hatred and suspicion, the new republic began to tackle the many domestic and foreign problems confronting it. Inflation and diminished foreign trade had disrupted the economy. The detention of thousands of persons in internment camps created hostility for more than a decade. Conflict with Sweden oyer the status of the Aland Islands ended only in 1921, when' they were declared part of Finland, but were granted the right of local self- government. Drastic land reform laws had to be enacted to relieve the plight of the large group of impoverished tenant farmers in 1924. Conflict with the Soviet Union, following upon Finland's involvement with the futile Allied expeditionary campaign in the Murmansk and east Karelian regions, terminated in the Treaty of Dorpat of 1920. Finland gained access to the Arctic Ocean when the Soviet Union ceded the Petsamo area. This treaty was the beginning of a series of treaties with the Soviet Union that seemed to have

Mazour, op. cit., pp. 58-60; and Korhonen, op. cit., pp. 457-464, 42 established the basis for peaceful relations and common trust* A treaty of non-aggression and pacific settlement of disputes vas sighed in 1932, and extended to 1945 in 1934, In 1932, a convention of conciliation was also concluded between the two nations* In 1933, a convention for the definition of aggression was signed by the Soviet gQ Union and Finland, in common with other nations. Finland's relations with its eastern neighbor seemed to be on firm ground. Having weathered the storm of revolutionary communism while still in its embryonic stage, Finland, in its early youth, had to do battle with the political orgre of the right--the Finnish fascists*®® A single episode served to ignite a conflagration that threatened the Finnish Republic. In the fall of 1929, a clergy-led peasant protest against an assembly of Young Communists, at the village of Lapua, erupted Into violence* Similar spon­ taneous demonstrations followed in various parts of the country. From these outbursts developed the Lapuan Movement.

68Mazo £E* cit., pp* 70-71, and Appendices II, V, III, IV. 69Ibid., pp* 84-93; and Korhonen, op. cit*, pp. 503-519. --- 43 The movement was primarily a totalitarian, anti-democratic reaction against all forms of socialism, and it had an especially Russophoblc character. It gained a measure of popular support following 1928 because of a severe economic depression, which created popular discontent and unrest* Blame for the depression was placed on the Soviet Union, which was accused of engaging in "cut-throat11 competition in the timber export trade and thereby destroying much of Finland’s export markets. With the Soviet Union as the scapegoat, the totalitarian-inclined leaders of the Lapuan Movement were able to kindle their anti-democratic movement into a paranoiac crusade against all forms of Russianism, communism, socialism, and all other "ungodly" faiths. Unfortunately, several responsible members of the government, Including the President and the Prime Minister, at first lent moral support to the movement* Violence and threats of violence were used against anyone known or suspected of being a Communist or having Communist or Russian sympathies* Communist members of the Diet were physically threatened or beaten* Parliamentary opposition to the unconstitutional restrictive measures proposed by the Prime Minister led to the downfall of the Cabinet* The succeeding Prime Minister proved to be even more sympathetic to the anti-democratic aims of the Lapuans. Failing to gain support of his 44 repressive measures, he caused the Diet to he dissolved* The new Diet, elected in a period of national hysteria, bowed to the wishes of the Prime Minister. The Communist party was outlawed, and its members excluded from public life. Leftist trade unions were suspended and restraints were placed on the press* Grave economic conditions, aggravated by the world­ wide depression, created even greater popular discontent, which added fuel to the Lapuan's anti-democratic fire* Presidential candidate, K. J. Stflhlberg, one of the authors of the Finnish Constitution, was kidnapped by the Lapuans in a ridiculous attempt to influence the outcome of the election. However, P. E. Svinhufvud, the candidate favored by the Lapuans, won the presidency in 1931, by a bare one vote majority. The Lapuans erroneously regarded his narrow victory as indicating popular support of their own fascist-like activities. Growing even more arrogant, they then planned a march on the capital* Rumors circulated that an armed coup would be attempted against the government if their demands were not accepted. The President, finally realizing the dangerousness of offering aid and comfort to this anti­ democratic force, appealed to the nation for support against the threatened revolt. The appeal met with response and the threat was ended. 45 The Diet then passed a series of laws outlawing the Lapuan society and similar semi-militarlstlo organizations. The political life of the community returned to sanity. Finland had managed to save herself from the fascist tide that had engulfed other European democracies. In the remaining years of the 1950's, following the subsidence of the Lapuan affair, Finland enjoyed a period of relative stability. Relations with the Soviet Union

constantly improved, at least on the surface, as was evidenced by the signing of several agreements with that nation during the decade of the 1930’s. Greater co-operation with the Scandinavian countries developed during this period, also. Various conferences were held jointly with these countries, which were designed to co-ordinate their common efforts to solve various economic and social problems. War clouds darkened the horizons of the Finnish Republic in 1939. Upon the outbreak of hostilities between the great powers in the fall of 1939, Finland hurriedly reiterated her steadfast adherence to a policy of strict neutrality* But Finland's strategic position between the European giants finally led to the nation's embroilment in that conflict,7®

70VaInb Tanner, The Winter War (Stanford: Stanford University. Press, 1957), 6haps. 1-V. 46 The Finnish government refused to aooede to Russian demands for the cession of vital areas of Finnish territory* which the Soviet Union considered necessary to the defense of Leningrad and the Soviet Union. After a aeries of fruitless negotiations in Moscow* the Soviet Union attacked Finland on November 30* 1939. Finland’s valiant defenses proved no match for the mighty Russian war machine* and the Winter War was ended in April of 1940* after a hundred days of bitter fighting. Under the terms of the Peace of Moscow. Finland lost* among other things, about one-tenth of its territory, 10 per cent of its industry, one-third of its annual fish catch, and several of its large ports. In addition 23,000 men were killed and 43,000 wounded. A tenth of the popula­ tion, or in excess of 420,000 persons, had to be resettled. Drastic resettlement and other remedial legislation had to be enacted.7* Hardly had this recovery program gotten under way, when Finland found Itself once again enmeshed in the web of war. Fearful of further Soviet encroachments, and being unable to find military support in Scandinavia, Finland fatefully turned to Nazi Germany. In return for selling

7*Leonard Lundin, Finland in the Second World War (Bloomington: Indiana University-Frees, 195^), pp. 7&-E$0. 47 arms to Finland, Germany was able to secure an agreement that permitted the passage of German troops and materiel through Finland to the Arctic port of Kirkenes. Arranged by a handful of men in the Finnish govern­ ment, the agreement was kept secret until German troops had already arrived in Finland. The agreement was never ratified by the Diet; few members even being aware of it* By agreeing to it the Finnish government had, in effect, forsaken its policy of neutrality. Democratic government had indeed “faltered," and had chosen a path that eventually led to Finland's alignment with a power dedicated to the destruction of democratic ideals. A similar non- parliamentary action occurred when Finland became a member of Anti-Comintern Pact in November, 1941. This latest alignment with the fascist powers provoked strenuous, but 70 unavailing, objections from parliamentary groups. Finland was once again attacked by the Soviet Union in June, 1941. The close co-operation between Finland and Germany and the presence of large concentrations of German troops in Finland made this almost inevitable.73

7®Lundin, o£. cit., p. 173; and Mazour, op. cit., p. 136. 73Mazour, oj>. cit., pp. 136-144. 48 Finland's refusal to dissociate herself from her close association with Germany, and her persistence in extending military operations into eastern Karelia, beyond the 1939 frontiers, finally alienated Allied opinion, and Finland found herself at war with England and France. Early Finnish military successes came to nought with the impending collapse of Germany, and Finland was compelled to accept the harsh peace terms Imposed by the Soviet Union in the Armistice Agreement of September 19, 1944. Finland had to re-cede the territories it had lost in 1940, and, in addition, lost the entire Fetsamo area.74 The provision that Finland expel or intern the remaining German forces on its territory involved more bloodshed and resulted in the complete devastation of northern Finland, including the Lapland capital city of Rovaniemi, by the retreating Germans. Finland was also obligated to punish members of the government who were regarded as Instrumental in bringing Finland into the war or who had obstructed the peace settlement. Accordingly, the Diet was compelled to enact ex post facto law condemning the stated acts, and the "war criminals" were "duly" convicted. These included a

74Lundin, op. cit., p. 200; and Mazour, op. cit., pp. 168-171. -- 49 former president, two former prime ministers* and various former cabinet members.7® The formal peace treaty was ratified on September 76 15* 1947, in Moscow. Finland's obligations under the Armistice Agreement were re-defined by the treaty, and it restored normal relations with the Soviet Union and other nations. Further, it brought Finland back into the community of nations as a sovereign and respectable state. The Allied Control Commission discontinued its operations in Finland and free parliamentary government was restored. In the aftermath of war, Finland was faced with a truly formidable task of reconstruction.77 The Karelian refugees, many of whom had returned to their homes, had to be resettled once again and re-compensated for their lost property. Disabled war veterans had to be rehabilitated. Devastated northern Finland had to be reconstructed. A severe housing shortage had to be ameliorated. Above all, was the onerous burden of reparations. In view of the great manpower, territorial, and Industrial resource losses, this task seemed well-nigh impossible.

7®Mazour, o£. cit., pp. 171-172. 76Ibid., Appendix XI. 77 Supra, pp. 23-25* However, by 1949, much of the resettlement problem had been solved. By 1950, much of northern Finland had been rebuilt. A housing program, with State supported loans, helped to relieve the housing shortage, though that problem is by no means solved. On September 19, 1952, Finland made the final reparations payment. The shipbuilding and metal industries that Finland had so tremendously expanded in order to make the reparations payments, now rely largely on Russian purchases for their continued existence. The Treaty of Peace of 1947 marked a new era in the recent . In the remainder of this study there has been examined the constitutional system that Finland has developed in recent years to cope with the problems arising from her position in the northern battlefield of the great ideological war of our time. CHAPTER II

THE FINNISH CONSTITUTIONAL SYSTEM

The term "constitution" frequently has been used aynonomously with the phrase "constitutional system" to mean the complete, .system of fundamental rules and principles according to which political power is allooated and organized within the state* and whereby the state is governed.1 In this study* it had been considered more useful to separate these terms, reserving the term "constitution" to mean the written organic laws, as well as the judicial interpretations thereof, while using the phrase "constitutional system" to describe the entire system of government of the nation. Accordingly, "constitutional system" would include, in addition to the written organic and other laws, documents, and judicial interpretations, all the non-legal or extra-legal customs, usages, conventions, and other recognized forms, rules, and principles that are effective in regulating the government of the state, Finland's constitutional system can be said to be based upon a written constitution. This written constitution is one of the few created in the period

1Herman Beukema and Associates, Contemporary Foreign Governments (third edition; New York: Rinehart & Company, Inc., 1955), pp, 22, 507.

51 52 following the First World War that haa survived without drastic change.^ One factor contributing to the durability and strength of the Finnish Constitution is the fact that its roots are deeper than is suggested by the dates of enactment of the presently recognized organic acts. Finnish constitutional development has been a gradual process from its early beginnings during the long association with Sweden to the present day. Even during the period of Russian domination, constitutional development continued unabated with only sporadic and ineffectual Russian interference. The fundamental laws of Finland are not revolutionary documents that have radically altered the pre-existing distribution of political power and the organization of the State. On the contrary, the organic laws of Finland, today, and in the past, have been in the nature of reform bills, which modified previously existing outdated laws to suit new circumstances and needs. Even the Form of Government Act of 1906, which established the unicameral, popularly elected legislature in place of the old Diet, or House of Estates, as it is sometimes called, was a

% • C. Wheare, Modern Constitutions (The Home University of Modem knowledge, rto. &13. London: Oxford University Press, 1951), p. 151# gSupra, pp. 31-39. 53 recognition of the political facts of life. On that occasion, the Four Estates voluntarily relinquished their political power in favor of the popular representative chamber. While Finland's constitutional system has sometimes flagged, it has not failed.4 The written Constitution is no "dead letter"; on the contrary, it embodies the living principles and spirit that guide Finnish political life today.

I. BASIC LANDMARKS AND FUNDAMENTAL LAWS

In the course of the nearly seven-hundred years that Finland shared with Sweden in the development of parliamentary institutions, there was brought forth the Form of Government Act of August 21. 1772 as the first important written document in Finnish constitutional history. To this document was added the Act of Union and Security of February 21. and April 3, 1789, These two documents established the constitutional basis of Finland for the rest of the period that it remained as a Grand Duchy within the Swedish nation.5

4Supra. pp. 39-50. R. Brotherus, Katsaus Suoroen valtlollisen jarjestysmuodon hia t o r ialilseen keHitykseen (toinen uudistetu painos; Porvoo: Werner sBderstrOm Osakeyhtib, 1948), pp. 35-43. These acts were primarily the result of the efforts of the Swedish monarch* Gustavus III, to reassert royal power* Strong executive authority was vested in the King, who was aided by a group of Councillors appointed by him* The National Council thus formed became in the Russian period the Imperial Senate, which, in turn, became the Council of State (Cabinet) in the period of independence* The King's right to issue decrees not in conflict with existing laws was recognized as well as his authority to conduct foreign affairs and appoint the more important government officials* A balance was established between the powers of the monarch and the Diet, which tended to favor the monarch* It is from this heritage that the principle of the relatively strong executive in the present Finnish government is derived* Alexander I, Czar of Russia, pledged by spoken word and written charter that all the basic constitutional forms, customs, and laws inherited from the Swedish regime would be preserved and re-affirmed for the new * This pledge of 1809, made to the Finnish Diet, was renewed by every succeeding Russian monarch.®

6Copies of all the czarlst decrees containing these pledges are available in: Senator L. Mechlin, A Prlcis of -SSS Public Law of Finland, trans. Charles J. Cooke------(London: Chapman & llall, Ltd., 1889). 55 Notwithstanding the liberalism of the early Russian regime| the Diet was not oonvoked again until 1863. In 1869, regulations governing the procedure of the Diet were ratified that placed the Diet on a regularly functioning basis. However, it was not until 1886 that the Diet obtained the right of initiating legislation; until this 7 time, it had only the right of petition. In 1899, Nicholas II, violating his pledge of constitutional inviolability, Issued a manifesto, which, in effect, nullified the existing constitutional basis of Finland. Following the failure of this attempted Russification, the Empire restored Finland to its normal constitutional basis. The Finnish Diet, taking advantage of the respite from Russian interference in its affairs, Q enacted a constitutional reform bill in 1906. Act of July 20, 1906 established many of the forms found in the present Finnish Constitution. A single-chambered Diet was created in place of the old Diet of Four Estates. The two-hundred deputies were to be elected by equal and universal stiff rage on the basis of proportional representation. All citizens, with the usual

^Anatole G. Mazour, Finland Betweeh East and Vest (Princeton: D. Van No strand Company, Inc., 19$6TT”P.i£. 8Supra, p . <37 . 56 exceptions, twenty-four years old or over were eligible to vote. When Finland gained its Independence following the Russian Revolution of 1917, the Diet ordered a eomittee formed under the presidency of K. J. Stthlberg that drafted the basic act for the organization of the State. The Form of government Act of July 17, 1919 resulted, which establishes the general framework of government, and together with three other organic acts, constitutes Q the main part of the Finnish Constitution. The Diet Act of January 15, 1928 slightly modifies the Diet Act of 1906 and, in conjunction with the Form of government Act of July 17, 1919, defines the status, duties, and functions of the Diet. The Supreme Court Law of November 25, 1922 amplifies the provisions of the Form of government Act relating to the organization and operation of the judicial system. Another law of the same date permits the Diet to examine the legality of the official acts of members of the Council of State and the Chancellor of Justice.^®

Q "These statutes, and other historically important laws, are available in: Esko Hakkila (toimlttaja;, Suomen Tasavallan perustuslalt (Porvoo: Werner SttderstrSm OsakeyhtiS, 1959)• 10Translated title: Law: The Right of the Diet to Examine the Legality of the Officlar*Acts of‘~Hembers ot the Council of state and the Chancellor of"Tustlce. 57 In addition to this main body of organic laws, there are several other laws relating to the fundamental nature of governmental institutions and activities that are regarded equally as being part of the Constitution. Some of these are merely slight modifications of laws that had been in effect under the Russian regime. Some of these more specific, though fundamental, laws have been considered below in connection with the relevant subject* The fundamental nature of the written Finnish Constitution is attested to by the existence of special procedures for initiating and amending organic laws,^ and by the statement in the preamble to the Form of Government Act of July 17, 1919, which states, in part, that "it has been deemed necessary to develop and consolidate its [Finland's] constitution by new statutes having the character of fundamental laws*"

II, BASIC CONSTITUTIONAL PRINCIPLES AND CHARACTERISTICS

General principles. Finland has a limited government under the rule of law. Fundamental laws have been framed and adopted, and are amendable, by procedures that place

lxDiet Act of January 13, 1926, Chapter V, Art., 67; and infra, pp. 61-69. 58 them in a superior position relative to ordinary laws. These organic laws establish the basis of government, define the scope and allocate Idle powers of government* determine the nature and rights, as well as the duties and obligations, of citizenship, and furnish the general framework of governmental organization and operation.^ Sovereign power in Finland belongs to the people .3*3 The "people," in praotlse, includes all Finnish citizens entitled to vote. With customary exceptions, suffrage is extended to all Finnish citizens who have attained their twenty-first birthday. The sovereign power of the people is exercised through their elected representatives assembled 14 in Diet. The President and all other public officials exercise an authority delegated to them by the people and they are responsible to the people. The principle of the separation of powers is observed substantially only with respect to the judiciary. Judicial power is "exercised by independent tribunals and, in the final instance, by the Supreme Court and the Supreme

12Form of Government Act of July 17. 1919, Preamble. lgIbid., Chap. I, Art. 2. 14Ibid., Chap. I, Art. 2; and Diet Act of January 13, 1928, Chap. I, Art. 1. 59 Administrative Court.1,15 With respect to legislative power, the Finnish Constitution states that it "shall be exercised by the Diet in conjunction with the President of the Republic." This unusual sharing of legislative power by the President with / the Diet is more than a nominal authorityFurthermore, the principle of the "parliamentary executive," or parliamentary responsibility, common to parliamentary, unitary forms of government, is not observed as rigidly in the Finnish constitutional system as it is in most parliamentary governments. The Finnish Constitution provides that the "supreme executive power is vested in the President of the Republic."3-7 In addition to the President, a Council of State (Cabinet), consisting of a Prime Minister and the necessary number of other ministers, is provided for the general government of the State. Here, again, the sharing of governmental power by the President is mere than nominal,3-8 though it must be emphasized that in common, everyday practise, the nature of

15Form of Government Aot of July 17, 1919. Chap. I, Art. 2. 16Ibld., Chap. I, Art. 2, Chap. Ill, Arts. 18-19; and infra, pp. 95-96, and Chap. V. 17porm of Government Act of July 17, 1919, Chap. I, Art. 2. 18lnfra, Chaps. IV, V. 60 executive power and responsibility la similar to that found In the general European parliamentary pattern. Another general principle underlying the Finnish constitutional system is that of unitary government. The Constitution provides that prlnoiple of local self* government shall be observed.■*' Although Finland has had a long tradition of local self-government, and that tradition has been strengthened by recent statutes, still the National government retains the right of supervision and ultimate control.

Rights and obligations of citizens. The Constitution declares that the right of citizenship belongs to every person born of Finnish parents, to every woman of foreign nationality who has married a Finnish citizen, and to other foreigners who have been admitted to Finnish citizenship in accordance with Finnish law.20 All Finnish citizens are equal before the law. Their life, honor, personal liberty, and property are protected by law. Constitutional guaranties also include the right of

l^Form of Covernment Act of July 17, 19191 Chap. IV, Art. 5. 2°Ibid., Chap. II. 61 worship* freedom of speech and press, freedom of assembly and association, and freedom of movement about* or residence In, the country. Domiciliary Inviolability and the seerecy of communications is assured. Finnish citizens can be tried only by courts of competent jurisdiction. The Finnish and Swedish language have equal official status and the intellectual and economic needs of both the Finnish* and the Swedish-speaking populations are made matters of governmental concern by the Constitution. The granting of hereditary titles is prohibited. All the enumerated rights are subjeot to laws of restriction that are deemed necessary in time of war or insurrection. Obligations of Finnish citizens include the general duties of civil obedience, education* tax-paying* undertaking of certain public activities* military service* and the obliga­ tion to work during war periods.^

2 2 Constitutional amendment. Constitutional amendment procedure is more difficult than the ordinary legislative

^ V. Merikoski* Suomen Julkisoikeus pii&pllrteitfrAln (Suomalalsen Lakimiesyhdlstyksen Julkalsuja, B-&arja* No. 80. Helsinki: Werner SbderstrSm Osakeyhltib* 1956)* pp. 55-58 2%)iet Act of January 13, 1928, Chap. IV, Art. 46 and Chap. V, Artis .“2f6-£7. 62 procedure. Bills that are regarded as involving fundamental lav must first be passed by a simple majority of the Diet. They must then be re-enacted by a succeeding newly elected Diet by a two-thirds majority vote. No presidential sanction is required in such cases. An alternative procedure permits a more rapid enactment of fundamental laws* The Diet may* by a five* sixths majority vote, declare a proposed organic measure "urgent" and then immediately proceed to pass it by a two- thirds majority. Presidential approval is then required.

III. THE CONSTITUTIONAL FRAMEWORK: A GENERAL SURVEY

The Diet.2® The sovereign power in the Republic of Finland is vested in the people* who are represented by their delegates assembled in Diet. Legislative power is exercised by the Diet conjointly with the President. The status* duties* and activities of the Diet are defined in the Form of Government Act of July 17* 1919, the Diet Act of January 13, 1928, and the various amending

®3r . Hermanson and K. Kaira* Suomen valtlosg.Snt8 paftpilrteIttain (Suomalalsen Lakimiesyhdistyksen Julkaisuja, B-Sarja, No. 54. Helsinki: Werner Sdderstrbm OsakeyhtiB* 1952)* Chaps. VI* XI; and Merlkoskl* op. cit.* Chap. III. -- 63 laws. Parliamentary eleetiona are organised according to the Law of Election of Rational Representatives of April 18, 1955, The Diet (Bduskunta) is a single-chambered legislature of 200 members, elected simultaneously throughout the nation every four years. The President may, however, dissolve the Diet at will and order new elections to be held at an earlier date.24 Members of the Diet are elected by direct, popular vote for a term of four years in the various electoral districts, which vary in number from a minimum of twelve to a maximum of eighteen. The d'Hondt system of proportional representation is used in tallying the votes. All Finnish citizens of either sex, with the customary exceptions of incompetents, vagrants, criminals, etc., over twenty years of age, are entitled to vote. All persons entitled to vote, with the exception of military personnel on active duty, are eligible to stand for election to the Diet, irrespective of their place of residence. Representatives cannot hold simultaneously with their elective office the position of judge on the Supreme Court

24porm of Government Act of July 17, 1919, Chap, IV, Art. W. 64 op Supreme Administrative Court, Chancellor of Justice, Solicitor to the Diet, or any other similar offielal position. In discharging the duties of his office, the deputy Is obliged to act In accordance with constitutional law, and Is bound by no other limitations. He represents the nation as a whole, and not merely particular groups of electors or private Interests. The Diet assembles In regular session, without special summons, on the first of February of each year. Sessions are of 120 days duration unless otherwise ordered by the Diet. The President may order extraordinary sessions for specific purposes. Regular, or standing, committees include the following: Committee on Fundamental Laws, Committee on Laws, Committee on Foreign Affairs, Finance Committee, and the Bank Committee. Other committees are fos?med as required. In addition to these ordinary committees, a Grand Committee of forty-five members is elected directly by the Diet. This Grand Committee examines p:?oposed legislative measures and certain other matters after they have been discharged from the ordina3?y oommittees. Legislative proposals may be int3?oduoed In the Diet, either as p3?oposltions of the Gove3?nment (hallltukaen ealtykset), which are bills drawn up by the Cabinet and 65 approved by the President, or as private member's bills ( eduakunta-eaitykset, or eduskunta-alolte) • The Important bills are usually propositions of the Government. "Questions" may be submitted by a deputy to a particular minister on a matter vlthin his field of activity. No debate or vote is taken on the minister's reply or on the explanation for not replying. An "Interpellation," signed by at least twenty deputies, may also be addressed to a particular minister or to the Prime Minister. A reply must be given within a specified time or an explanation given as to why no answer Is possible. The reply or explanation may be accepted by the Diet, or it may lead to a vote of no-confidence in the minister or in the entire Cabinet. Interpellations Involving the entire Cabinet are usually addressed to the Prime Minister. A vote of no-confidence results either in the resignation of the particular minister or of the entire Cabinet, or the President may choose to uphold the Cabinet and dissolve the Diet and order new elections. In addition to its purely legislative function, the Diet has an Important role in the financial and economic life of the Nation. It approves all new taxation, super­ vises the budget, and controls the . The Diet also has the duty of general supervision of all the 6 6 activities of government and publio administration. A Solicitor to the Diet is the legal officer of the Diet. He is elected, along vith a deputy, by the Diet for a tens of three years from outside the ranks of the Diet members. 25 The Solicitor has the responsibility for supervising the observance of the lav by the courts, including the Supreme Court and the Supreme Administrative Court, as veil as all other public bodies. He can attend Cabinet and other official meetings and hearings, and is given access to all official records. He can bring charges in the Diet against any official or official body. The Solicitor entertains complaints from vhatever source relative to non-observance o f the lav and he can take steps to correct such abuses. An annual report is made by the Solicitor to the Diet on the state of observance of the lav, vhich notes any violations of the lav or veak- nesses in the legal structure. The field of activity of the Solicitor to the Diet is closely related to that of the Chancellor of Justice; hovever, the main purpose of the latter is the prosecution of offenders against the lav, while the Solicitor functions

25porm of Government Act of July 17, 1919, Chap. IV, Art. 4§« 67 somewhat as a public defender or guardian of the public rights. Before proceeding to a discussion of other units of government, a brief review of Figure 1, page 68, which diagrammatlcally Illustrates the relationships of the various governmental units, might prove of value. Although the figure cannot illustrate all the subtle or extra- constitutional relationships among the various units, it does serve to point up their basic constitutional position. The most significant point observable is the position of responsibility of the Cabinet to the Diet. The President’s dismissal, as well as his appointive and participative powers, with respect to the Cabinet suggest a further responsibility of the Cabinet. This apparent "dualism” of Cabinet responsibility to the Diet and to the President defies graphic defies graphic depiction and, consequently, has been left to further clarification later in the text. Additional notable points are the relatively free position of the autonomous units and the local governments and the essential independence of the judiciary. For simplicity’s sake, several units have not been shown, including, among others, the Bark of Finland, the Bank Examiners, the National Court of Impeachment, and the specific designation of the special court#. 68 , Elects ELECTORAL ELECTORATE COLLEGE Heota SOLICITOR * —» Dissolves. Appoints J DIET — 1 STATE Responsible to AUDITORS dismisses & participates COUNCIL OF STATE (Cabinet) Controls Appoints ■* 1 PRIME MINISTER 1 PROVINCIAL^ GOVERNMENT* 1 1 MINISTRIES 'SOTBRSgB* SUPREME FOREIGN AFFAIRS Tsrsmnsr COURT ADMIN. ""TffSfTffl " SUPERVISOR COURT INTERIOR / J5BFJW3B controls """FINANCE ' [COURTS 0*1 Appoints "3ffCrAI AFFAIRS APPEAL AffRIffUL'HlRJfi LOCAL flOiflnrtmidATioNS a GOVERNMENT PUBLIC WORKS DISTRICT A I N W S T M COURTS COURTS INI Cl PAL • ® tjcaTi On COUNCIL Admin, sup* 1 1 l(Elected) ervlsion CHANCELLOR OF JUSTICE L _ 1 Appoints & AUTONOMOUS UNITS oontrols T ----- Iff® T s m m t MONICIPAL m m ggpgggy BOARD n m m nv.4- COMMITTEES

FIGURE 1 GOVERNMENT OF FINLAND Note: Units not shoirn are noted in the text. **The President appoints the Provincial Governor, Archbishop and bishops, and the University Chancellor. ^Other ministries supervise provincial and local activities within their respective areas. ^11and Island laws are reviewed by the President. Similarly, the Office of the Council of state, which ie usually headed by the Prime Minister and is in the nature of a ministry, is not shown in the figure. These units have been considered In later discussions.

The Council of State and the Prime Minister.2® A Council of State (Valtloneuvosto) is the Cabinet or "Government" of the Nation. The term "Government" has been variously used to mean the Cabinet, the Cabinet and the President, or the President alone. The most common signification of the term— Cabinet--has been adopted in this text. The Council of State, or Cabinet, consists of the Prime Minister and the necessary number of ministers required to assist the President in "the general government of the State."27 The Prime Minister and the other ministers are appointed by the President.®® The number of ministers and their spheres of authority are determined by law. Present ministries include the following! Foreign Affairs, Justice, Interior,

26Form of Government Act of July 17, 1919, Chap. IV; and Infra, Chap. iv. 27Form of Government Act of July 17, 1919, Chap. I. Art. 2. — --- 28Ho waver, see infra, pp. 140, 151-152. 70 Defense, Finance, Education, Agriculture, Social Affaire, Communications and Public Works; and Trade and Industry.2® Second ministers are attached to some ministries. In 1957, second ministers were found in the ministries of Agriculture, Social Affairs, Communications and Public Works, and Finance. Ministers are usually members of the Diet, though they need not be. They can attend parliament committee meetings and engage in debate, though they cannot be members of the committee, nor can they vote on committee measures. Ministers are collectively responsible for Cabinet measures in which they have participated and individually for their own decisions. Individual ministers can avoid responsibility for particular decisions in which they have participated only by recording their opposition in writing. All ministers must enjoy the confidence of the Diet. A parliamentary vote of no-confidence directed against a minister obliges him to resign, while a similar vote against the Prime Minister results in the downfall of the entire Cabinet.

29Helsinkl University Publications. Suomen valtiokalenterl. 1957 (Helsinki: Weilin St G$5s Gsakeyhtlb, 1956)i Soot• 21| pe 39* gQIbld. 71 The Prime Minister is the chairman of the Cabinet* The Cabinet tends to work as a collegial body; however, with respeot to matters concerning only a single ministry, the tendency has been to penult a greater independence in decision-making to the particular minister* The main responsibility for the Initiation and development of the legislative program devolves upon the Cabinet, which constitutionally functions as the servant of the President Though by letter of the Constitution the Cabinet has no legislative function, but exercises such authority only as the President's servant, in the field of adminis­ tration, a general constitutional authority is extended to the Council of State.3^ However, the right of the ultimate administrative decision is constitutionally reserved to the President*32 The President formulates his decisions in Cabinet meetings based upon information and proposals presented by an individual minister or group of ministers. Although

3*The Geographical Society of Finland. Suomi: A General Handbook on the Geography of Finland (Fennia ~ Uta. ^2* Helsinki: The deographloaT Society of Finland, 1952), p. 613. Note: Chapter 36, entitled "Finnish Government," was written by K. J. St&hlberg, first and an authority on Finnish constitutional law. 32lbid. 72 the President normally does approve the proposals presented to him In the Cabinet sessions) he does have real authority to modify or reject them. Ministers may voice their opinions on any subject considered in the session. Once the President has made his decision, the minister responsible for the report must countersign it. If he does not countersign the decision, he must resign from office unless the President can be prevailed upon to withdraw the decision. If the Cabinet agrees with the minister, it, too, must resign. A new Cabinet must then be formed by the President. Ministers direct and supervise the activities and operations of their respective ministries. They appoint some subordinate officials and recommend the appointment of others. To the extent permitted by law, they issue administrative decrees in their respective areas. The ministers are responsible for implementing the decisions made by the President, as well as the laws that pertain to their ministries.

The Chancellor of Justioe. ^ The Chancellor of Justice, a permanent official appointed by the President,

33poxm of government Act of July 17, 1919, Chap* IV, Arts. S i , T5-4S, and Chap. X, Art. 877 73 la the chief legal officer of the government* . He has the responsibility for advising the Cabinet as to the legality of matters under consideration In Cabinet sessions* Also, he reviews the legality of the official acts of all executive and administrative officers, including the President. He attends Cabinet sessions, especially those under the chairmanship of the President* A presidential decision requiring ministerial execution that is adjudged Illegal by the Chancellor of Justice must be declared unenforceable by the Cabinet unless the President withdraws his decision* The Chancellor of Justice shares with the Cabinet the authority to Initiate Impeachment proceedings against the President on the charge of treason or high treason* In the event that the President is arraigned by the Diet on such charges, whether brought by the Chancellor of Justice or by the Cabinet, it is the duty of the Chancellor of Justice to prosecute the President before the Supreme Court. If authorized by the President, the Chancellor of Justice may call for the impeachment of any cabinet member charged with having committed an illegal act in the course of his official duties. If the President refuses to authorize the initiation of Impeachment proceedings in 74 such case, the Chancellor of Justice may bring the matter to the attention of the Diet for determination. The Chancellor of Justice also functions as the chief public prosecutor. In this capacity, he supervises all public prosecutors* He has the right of access to all public records, sessions and hearings of public bodies, and any other meetings involving public or governmental matters. Finally, the Chancellor of Justice submits annual reports both to the President and to the Diet that review the measures taken by him, and which include a statement of his observations on the state of the laws and their enforcement* A deputy is also appointed to assist the Chancellor of Justice.

The President.54 The President of the Finnish Republic is indirectly elected by the majority vote of three-hundred electors in an electoral college* The electors are elected in popular national elections on the basis of proportional representation. The President holds office for six years. He is subject to impeachment only on the charge of treason or high treason. A three-fourths majority vote of the Diet on the impeachment charge is

g4Ibid*, Chap. I, Art. 2, Chap. Ill, IV, and Chap. X , Art. 87; and infra. Chap. V. 75 required to bring the President to trial before the Supreme Court* In the event that the President is unable to dis* charge the duties of his office* these duties are exercised by the Prime Minister. If the Presidents disability is of a permanent nature* new elections are held immediately to elect a new President. The Finnish Constitution generally followed the pattern of enlightened constitutions of the period follow* ing the First World War except in one respect: the Finnish Constitution "ascribed considerable and real power to the President of the Republic.*5® Only the German Weimar Republics Constitution of 1919 had a similar provision. This provision in the Finnish Constitution was not adopted from the Weimar pattern* however* because a draft of the Finnish Constitution already existed in 1917. Instead* it represents a logical development from earlier period under the Russian Imperial regime. The principle of the strong executive was carried over into the new Cons titution.56

5®The Royal Institute of International Affairs* The Scandinavian States and Finland: A Political and Economic Survey""?London: fhe koval Institute of International Affairs* 1951), p. 94. g6Ibid. 76 As mentioned above, the President shares in the legislative powers with the Diet, has supreme ezeeutive powers, and supervises the administration of the State.0 * The President must ratify legislative enactments if they are to become law after first passage. Should he refuse to approve a bill, it can become law only by being re* enacted in Identical form by a new Diet after new parliamentary elections have taken place. Entrusted to the President are extensive powers relating to the issuance of decrees. These involve the ordinary phases of administration and implementation of laws enacted by the Diet. Moreover, a traditionally wide area of executive matters inherited from Imperial days are subject to regulation by presidential decree. The President has the power to summon Ihe Diet into extraordinary session, issue orders for elections to the Diet, open and close sessions of the Diet, and to dissolve the Diet and order new elections. He appoints and dismisses ministers and other officials. He directs the nation's foreign policy subject to Diet approval of treaties and similar agreements and questions of war and peace. As Chief of State, the President functions as the

37 Supra, pp. 59, 62. 77 titular head of the State and ezereises a corresponding authority. He is the supreme commander of the military forces*

The Judiciary*58 Finland has an independent judiciary* The democratic spirit of Finnish law can be traced back to Finland's long association with Sweden, when appeals could be made to the King from the decisions of the provincial assemblies, which handled all legisla­ tive matters. Today* the independent judiciary is the protector of the rights of the common citizen* The judicial hierarchy consists of three levels of courts as follows: (1) courts of the first Instance* which consist of District Courts in 218 assizes distributed over sixty-nine districts, and thirty-eight Municipal Courts in the cities and towns; (2) courts of the second instance, consisting of four Courts of Appeals; and (3) the court of the third instance, the Supreme Court* All classes of litigation, whether civil or criminal, with the exception of certain administrative

58Form of Government Act of July 17, 1919, Chap. I, Art. 2, Chap* TTl*J Arts. 18, 19, and Chap• V; and R* Hermans on and K. Kaira, Suomsn valtlosiUntg piUtollrteittain (Suomalaisen Lakimiesyhdiskyksen Julkaisuja, a-Sarja* Ho. 54. Helsinki: Werner SBderstrBm OsakeyhtiB, 1952), Chap. IX* cases, fall w l t M n the jurisdiction of these courts* Certain classes of oases arising from Illegal administrative acts are not processed by the regular courts, but are submitted as complaints to higher authorities in the administrative unit concerned for disposition* Appeals can be made from such disposition to various levels of departmental authority, finally culminating in an appeal to the Supreme Administrative Court. This court, though having no formal inferior courts subsidiary to it, is in fact, a true court and its decisions are final* The Supreme Administrative Court has a general supervisory responsibility over all governmental and administrative activities. The Supreme Court and the Supreme Administrative Court have an additional duty of recommending changes or refinements in existing laws and decrees to the president* Various other tribunals have been created for such special purposes as land disputes, trials of recidivists, military justice, and civil servant discipline. A National Court of Impeachment conducts trials of members of the Government, the Supreme Court, the Supreme Administrative Court, and the Chancellor of Justice* The President appoints the presidents of the two Supreme Courts and, also, the members of these courts 79 after nomination by their presidents. These judges hold office until age seventy and are removable only by means of legal trial* except in case of loss of capacity. Under the prevailing in Finland* the Diet and the President are the supreme law* makers. The judiciary* in such circumstances* has no function of judicial review in Hie American sense. Properly passed laws cannot be "unconstitutional«n Unconstitutional acts by government officials are punish­ able in the ordinary courts* the Supreme Administrative Court, the High Civil Service Court, or through administrative channels. Thus* the primary function of the independent judiciary is the adjudication of rights and obligations under the law; it has no quasi-political function of determining the constitutionality of the laws.

general and local administration.39 The general administration of the State is the responsibility of the Council of State under the supervision of the President. Depending on their nature* administrative matters are

s?Form of Government Act of July 17, 1919, Chap. IV. Arts. 5 2-5l: , Municipal______Eaw of August 2?. __^ 1948:__ and Aarne Bskola* Local Self-Government In Finland («phe Union of Finnish Rural Municipalities ancT”the Union of Finnish Towns. Helsinki: Maalalskuntlen Lliton Kirjapaino, 1954), pp. 7*20. settled either In plenary ease ion of the Cabinet, or separately, in the particular ministry, in addition to the ordinary ministries mentioned above,40 there ia an Office of the Council of State, which ia ordinarily headed by the Prime Minister* The ministries are subdivided into divisions, which are further subdivided into bureaus and other specialized administrative units. For puzposes of general administration, the country is divided into the followings provinces (10); districts (50); and, municipalities or communes, including cities (34), towns (31), and rural municipalities or communes (483)«41 The provinces are governed by a provincial government headed by a Governor. The Governor is appointed by and responsible to the National government. Els primary responsibility is the supervision of the local governments• State control over local affairs is comparatively slight when compared with other countries. State control is achieved in the following ways: (1) central approval of decisions of municipal authorities; (2) the State's

40Supra, p9 . 69-70. 41Eskola, eg, clt., p. 20; and infra, Table III, P« r, - - V ^ • - <=• ,r ' '

81 entertainment of appeals from looal citizens claiming violations of private rights; and (3) direct supervision.42 Municipal government is organized under the Municipal Law of August 27, 1948. and other regulations* This law has tended to make local government organization uniform. Municipal administration usually consists of a Municipal Council for policy-making and a Munioipal Board and other committees Ibr the actual execution of municipal policy and decisions. The usual police, legal, and other local authorities as required complete the municipal administrative organization. The larger cities are entrusted with almost complete local autonomy. The Aland Islands enjoy autonomous government under the Aland Islands Self-Govemment Law of December 28, 1951.

Civil servants.45 With the exception of a few posts of a technical, educational, or diplomatic nature, only Finnish citizens can be appointed to civil service. Qualifications for appointment, as established by law and decree, are basically the same in all ministries.

42Ibid., p. 18. 4S£0S? Government Act of July 17, 1919, Chap. X: Arvid Enckell >^5emocratlc T?lnlan

. * * ^ 2 5 ? S i Oovamaant Aot of July 17, 1919, Chap. II, Arts. 8-9, dhap. IX, and Chap. X, Arts. 157, 90; Finnish Rational Committee of the Lutheran World Federation, The Church in Finland (Helsinki: Suomalalsen KirjailisuuHen Seuran Kirjapaino Osakeyhtib, 1949), pp. 8-12; and Merikoski, og. cit., pp. 233-240. 84 Church. An Ecclesiastical Board* consisting of the Archbishop and six other officers, is the permanent administrative organ of the Lutheran Church. A Bishops1 Office, or Enlarged Bishops' Conference, as it is sometimes called, is concerned with religious teaching and policy. The country is divided into six dioceses, each having a bishop. The Archbishop functions as the bishop of the diocese of Turku, which is the seat of government of the Lutheran Church. The dioceses are further divided into deaneries, below which are the congregations. The local congregations administer their internal affairs independently and democratically. The Creek Orthodox Church, and other religious communities are also subject to ultimate State control, although they are largely self-governing in practise.

Political parties. Thougjh not specifically recognized in the Constitution, political parties are the primary dynamic force in the Finnish constitutional system. The political life of the nation is characterized by a constant multiparty struggle, which has given to Finland, during the period of its Independence, an unbroken aeries of coalition or minority single-party governments. Finnish political party alignment has been based 85 mainly upon three fundamental issues:^5 (1) relations among the different social and eeonomio classes; (2) relations betveen the Finnish-speaking and the Swedish­ speaking populations; and (3) Finland's position with relation to the Soviet Union. During the earlier period of nationalism, the language problem assumed greater significance than it does today. However, a Swedish Peoples party (Svenaka Folkpartiet) is still active in the protection and promotion of the interests of the Swedish-speaking minority. The present Finnish Peoples party (Suomen Kansanpuolue) is only secondarily concerned with the language question. Economic and social Issues are most significant in normal times. At the moment, relations with the Soviet Union are comparatively stable, so that issue is temporarily in the background. Six parties dominate the political stage. Historically, the Finnish Social Democratic party (Suomen Soslaldemokraattinen Puolue) has received the greatest popular support. Though originally a militant socialist party, it has tended to become more closely identified with

*®(F<5ran von Bonddorff, Suomen polilttiset puolueet (Hyva Tieta'i, No. 7. HelsinkiT fcustannusosakeyhtib Tammi, 1957), pp. 8-17. the middle-class parties in recent years. Its support is drawn mainly from the blue-collared working classes. Prior to the national independence, it ordinarily secured more than one-third of the votes cast in national elections. It lost some strength following the establish­ ment of the free republic, but remained the largest party. Immediately after the Second World War, the Social Democratic party suffered another serious decline, primarily due to the increased strength of the Finnish Peoples Democratic Union (Suomen Kansan Demokraattinen Liitto). The Finnish Peoples Democratic Union, or the SKDL, as it is commonly referred to, is not properly speaking a political party; rather it is a grouping of Communist and other leftist elements and, until 1955, a dissident faction of the Social Democratic party. Although the SKDL remains the third largest party and a political force to be reckoned with, because of its extreme leftist and pro-

Russian sympathies, it finds little common ground with the other major parties, especially on matters of foreign policy. However, on some economic and social measures, the Social Democratic party and the SKDL often find areas of agreement, if only in opposition to centrist and rightist parties' proposals. The Agrarian Union (Maalalaliltto) is essentially 87 the party of the email fanner and rural worker. It probably has the moat solid core of all the parties because of the close Identity of interests of its members. In recent years* the Agrarian Union has shared the leading position in Finnish politics with the Social Democratic party. Most post-Second World War governments have had members of both of these parties* with the Agrarian Union in the lead. The Communists, or SKDL, have not held ministerial posts since 1948. The National Coalition party (Kansallinen Kokoomus) is the present conservative party of Finland. In the pre­ independence period, the original Finnish Peoples party (not to be confused with the present Finnish peoples party) split over the issue of co-operation with the Russian Imperial regime and other questions. The split resulted in the fo ma t ion of the conservative Old (Vanhaauomalainen Puolue), which favored co-operation with the Imperial regime, and the more liberal Young Finns party (Nuorauomalainen Puolue), that was much more nation­ alistic, In 1918, the elements of the Old Finns party and a few of the Young Finns, who favored the establish?-: ment of a Finnish monarchy, formed the National Coalition party. Pro-republican members of these parties formed the Progressive party with the bulk of them coming from the 88 Young Finns party. With the establishment of the republican form of government in 1919* the monarchical-republican question lost its significance. The division between the National Coalition and the Progressive parties was retained, however The National Coalition party maintained its existence by drawing support from the more conservative Finnish-speaking population. The party generally has favored the ascription of strong powers to the Cabinet in contrast to the support of a strong Parliament advocated by the Social Democrats. In post-Second World War years, however, the National Coalition party has challenged the exercise of powers of the Cabinet as being excessive.4® Close identity of some elements in the National Coalition party with the authoritarian National Patriotic League (Isanmaalllnen Kansanlilke)» or IKL, during the Lapuan period brought some discredit upon the National Coalition party.47 Following the decline of the IKL and the eventual outlawing of it and similar authoritarian organizations in accordance with the terms of the Armistice

Puntila, L. A., The Evolution of the Political P_artles in Finland CHelsiTncI: Tybv&en KTrJapaTno, 1953), pp. l-ll. 47Supra, pp. 42-45. 89 Agreement of 1944, the National Coalition party regained a measure of popular support. Actually, the National Coalition party had never supported the Lapuans and several of its leaders, including Its most famous member, Juho K, Faaslklvi, denounced the Lapuan Movement, Today, the National Coalition party ranks fourth among the six Important Finnish political parties. In the poat-Second Vorld War cabinets, it has not played a very significant part, but it can be important in tipping the balance of the delicately weighted scales of Finnish parliamentary politics. The present Finnish Peoples party, mentioned above, was founded in 1951, succeeding the Progressive party, which, in turn, was the direct descendant of the Young Finns (and supported also by some of the old Finns), The Finnish. Peoples party is a centrist group, which, because of its more liberal leanipgs is unable to support the more conservative policies of the National Coalition party. It maintains the nationalist and liberal attitudes of its predecessor-~the Progressive party--but lacks any well- defined political program otherwise. Not being a class \ party, it lacks any real organized support from any quarter and, therefore, has played an important part in the political arena only as it has been able to affect the balance of parliamentary power and occasionally to 9° participate in the Cabinet. The Swedish Peoples party, noted above, because of its primary cultural and language orientation. Includes supporters of varying economic and political views. It is best described, perhaps, as a party of the center, although it contains both right and left wing groups. The Swedish Peoples party has been gradually declining in strength because of the increasing assimilation of the Swedish* speaking population into the Finnish*speaking population and because of the increasing significance of economic affairs that tend to draw supporters to the larger parties. The Swedish Peoples party has contributed a disproportion* ate number of persons to ministerial posts and has evidenced an unusual amount of political ability.48 Other minor parties have appeared on the Finnish political scene from time to time, but have played negligible roles. Various other dynamic forces operate in the Finnish political milieu. Among others, there may be mentioned the trade unions, which form the backbone of the Social Democratic party, and the farm groups, which contribute solid support to the Agrarian Union. Qnployer and white- collar groups are not so definitely aligned politically;

48The Royal Institute of International Affairs. The Scandinavian States and Finland: A Political and Economic Survey (London: The Royal Institute of international Affairs, 1951), p. 110. nevertheless, their importance should not he underestimated. The military, as a political force, declined precipitately when Finland was compelled to reduce its military force under the terms of the Armistice Agreement of 1944* In the following chapter, the core of constitutional democracy— the legislative prooesa— has been more fully analyzed to show the true source of legislative power and the manner of its exercise* CHAPTER III

THE LEGISLATIVE PROCESS

The legislative process is the means of determining and expressing the will of the people* In a parliamentary democracy^ the making of the laws is a function exercised primarily by the parliament. The Finnish Constitution states that the legislative power shall be exercised by the Diet in conjunction with the President. No express authority is granted to the Cabinet to engage in substantive legislation. In actuality, each of these three units of government--the Diet* President* and Cabinet --is an integral part of the legislative process. The present chapter has been devoted to an analysis of this process and special attention has been paid to the place of the Diet in it. Accordingly* the organization and operation of the Diet has been examined in detail, as well as its legislative interrelationships with the President and the Cabinet. Fundamental and other laws* in addition to authoritative writings, current news items, personal interviews with informed persons, and personal observation of the Diet in session, have been used as the basic sources of information for this part of the study,

92 93 I. THE PRINCIPALS IN THE LEGISLATIVE PROCESS

The authority to enact lavs, whether they are ordinary or fundamental laws, is vested solely in the Diet. However, other constitutional and extra- constitutional bodies participate directly or indirectly in the legislative process. The President has the constitutional authority to initiate and to approve or reject legislation. The Cabinet, in the role of the servant of the President, engages in the initiation and preparation of legislation and in the preparation and issuance of decrees. Indirectly, the Chancellor of Justice, the Solicitor to the Diet, the Supreme Court, and the Supreme Administrative Court participate in the legislative process. They are charged with the responsibility for recommending new legislation or the revision or repeal of existing laws according to their observations. These units may also be called upon to advise the President on the legality of proposed legislation. With reference to local legislation, the policy­ making and administrative authorities of the local communities have extensive power to regulate municipal affairs. However, some of the more important decisions are directly reviewed by representatives of the National 94 government, while other local decision# may be brought to the attention of the provincial governments through the means of administrative appeals* Some semi»autonomous units enjoy appreciable legislative authority within their respective spheres* The Aland Islands has its own popular assembly and executive and administrative organs. Legislative measures enacted by the Aland Island legislature are subject to review by the President of the Republic, who, after consultation with the Supreme Court, may veto them if they are considered as being in conflict with constitutional law or as encroaching upon the legislative authority of the National government. The Evangelical Lutheran Church has the right to propose measures relating to ecclesiastical law, which are submitted to the Diet by the Government# The Diet can approve or reject such measures, but cannot make any alterations in them* Such proposals are initiated by the Church Assembly. The political parties play an indirect and unofficial, though decisive, role in the legislative process through their influence in the party groups in the Diet; however, constitutionally, deputies must act independently. Parenthetically, it may be noted that popular initiative and referendum are virtually unknown in Finnish 95 legislative practise,1 Also, eonstltutional amendment procedure includes no provision for popular participation* Thua, the general electorate ordinarily has no direct voice in the legislative process* The legislative roles of the Cabinet, President, and the political parties have been treated only very briefly in the following sections of this chapter* All of these units are examined more fully in later chapters* Local government has also been deferred for later consideration*

II. THE LEGISLATIVE ROLE OP THE PRESIDENT

The President's participation in the legislative process is twofold in nature.2 First, he has the right of initiating new legislation, or recommending the modifica­ tion, interpretation, or repeal of an existing law. In practise, this authority is exercised through his approval in the Cabinet of propositions of the Government that are

■^A national referendum was held April 15, 1932, which resulted in the repeal o f a prohibition law that had been in effect since 1921. The Finnish experience with prohibition closely paralleled that of the United States. % o m of Government Act of July 17, 1919, Chap. I, Art. 2, Chap.ill, Arts. 18-19; and V. Herikoski, Prdcis P**olt Public de la Finlande, trans. Arvid Enckell (Association of F i n n i s h Jurists, Series D, No. 1, lus Flnlandiae. Helsinki: Suomalaisen Kirjallisuuden Seuran Kirjapaino Osakeyhtid, 1954), pp. 27-28. 96

to be introduced in the Diet. The second aspect of the President*a legislative power is found in his authority to sanction laws enacted by the Diet* A refusal to sanction a law within three months from the time that it has been presented to him constitutes a rejection of the law* A vetoed bill can come into effect only if it is re-adopted by a majority vote in the first session following new parliamentary Elections* The President also exercises authority in issuing decrees in conjunction with the Cabinet* The President's position in the legislative process* as well as M s general position in the constitutional system* has been considered more fully below.

III. THE LEGISLATIVE ROLE OP THE CABINET

General authority. The legislative authority of the Cabinet derives from its constitutional responsibility for assistihg the President in the governing of the State. This authority is implemented by the further constitutional Injunction that bills to be introduced by the President to the Diet "shall be drafted by the Council of State*

®Infra, Chap. V. ^Form of Government Act of July 17* 1919, Chap. I, Art. 2f Chap. Ill* Art. 19* 97 Budget legislation) which is regarded as distinct from ordinary legislation, and which requires a special legislative procedure, is initially prepared by the Cabinet for presentation to the Diet.® The preparation of matters leading to the issuance of decrees by the President, or by the Cabinet in its own right, is an important sub-legislative role of the £ Cabinet.0 Individual ministers have limited authority to Issue administrative orders within their respective ministries that are necessary for the enforcement of laws, decrees, and decisions of the Council of State.7

The preparation of legislation in the Cabinet.8 A proposal leading to a proposition of Government may originate within a ministry, in the Cabinet, or with the President. In practise, the President very rarely formally participates in the initiation of legislative propsals.

5Ibid., Chap. VI, Arts. 65-70; and Diet Act of January 157 1928. Chap. Ill, Arts. 30, 49. ®Form of Government Act of July 17, 1919, Chap. IV. Arts. 28, 34,~?1. 7Ibid., Chap. IV, Art. 44. ^Details of Cabinet structure and operation, as well as its executive and administrative functions, are discussed in Chapter IV. Major bills are usually prepared by ad hoc committees of experts and Interested parties that are appointed by the Cabinet. The facilities of the Legislative Committee (lalnvalmlskunta) of the Ministry of Justice are often employed In putting the bill Into legal form. The Legislative Committee may also render its opinion on the legality of the bill. Prior to being presented for final decision at an official Cabinet session at which the President must be present, the bill is ordinarily considered by the Cabinet ministers at an unofficial. Informal evening session, and at an official Cabinet meeting at which the President is not in attendance. No final decision can be taken on legislative proposals at these preliminary and preparatory meetings, although, in practise, the matter is usually virtually settled Insofar as the ministers are concerned before the matter is presented to the President for final decision. A proposed measure may also be assigned for preliminary consideration to either the Committee on Finance or the Committee on Foreign Affairs of the Cabinet if it falls within their respective provinces, or it may be turned over to a special temporary committee created for that specific purpose. The minister responsible for the bill presents it 99 at the presidential session of the Cabinet. All ministers are free to express their opinions on the bill and have an equal vote in the decision. However, the bill cannot be presented to the Diet until approved by the President. He is not bound by the decision of the Cabinet ministers and may make his decision contrary to their wishes, even though they are unanimous* The Chancellor of Justice advises the President as to the legality of the bill before final approval* Once a bill has been submitted to the Diet, the competent minister has the responsibility of advocating or defending the bill in the debates of the Diet and before its committees. In the case of the committees, subordinate personnel may act for the minister in defending the measure*

IV. THE DIET9

Status and functions* "The Diet represents the people of Finland.n-L0 When the two-hundred, directly elected, deputies assemble in Diet, they constitutionally

9Infra, Chap. VI, for Diet elections* 10Dlet Act of January 13, 1928, Chap. I, Art. 1* 100 represent the Nation In Its entirety and not a limited number of voters or special interests. The Diet Is the supreme legislative body of the Nation; however* the President is endowed with the power of legislative initiative and sanction. The Diet is also subject to dissolution-by the President. The legislative authority of the Diet extends to the fundamental law in addition to ordinary law. The approval of the national budget is regarded as a distinct form of legislation and undergoes a special form of procedure in the Diet. The Diet approves treaties with foreign powers insofar as they have stipulations of a legislative nature or as specifically required by the Constitution. The Diet's non-legislative functions, some of which have been studied more fully in the following chapter* include the supervision and control of the execution and administration of the laws and the financial activities of the Government. It may compel the resignation of an individual minister or of the entire Cabinet by means of a vote of no-confidence. The Diet directly control the Bank of Finland, primarily through the functions of the Trustees and Bank Auditors, who are appointed by the Diet and who report directly to the Diet. The Diet also has direct control over the National Pensions Fund and the Finnish Broadcasting Company. It has ultimate authority over the local governments and the self-governing units* In the case of the JEland Islands, however, only the President exercises direct control by means of his veto power mentioned above, through his appointment of the Governor, and through other special powers. In impeach­ ment proceedings, the Diet may arraign the Chancellor of Justice, or a member of the Council of State, Supreme Court, or Supreme Administrative Court for trial before the National Court of Impeachment.

Membership and organization. The organization and procedure of the Finnish Diet are regulated by the Diet Act of January 13, 1928, as amended, and by the Rules of Procedure of 1927 (Eduskunnan tybJgrjestysi 1927), as amended.^ The Diet Act Is a fundamental law and can be altered only by the extraordinary constitutional procedures.

13Diet Act of January 13, 1928, Chaps. I-II; and Eduskunnan tybj&r jjestys, l927T~ Note: Eduskunnan tybjarJestys has also been translated as Order of Work.

18Supra, pp. 61-612. 102 The Rules of Procedure Is not classed as a formal lav* It Is amendable by resolution of the Diet on the motion of a private memberor of the Speakers' Conference* Members of the Diet enjoy Immunity from prosecution or lmprls6nmea& for opinions expressed or actions performed In Diet sessions* except by resolution of the Diet, which requires a majority of five-sixths of the votes cast. During sessions of the Diet, members are equally free from arrest on criminal charges, unless the arrest has been ordered by a court or made with the consent of the Diet, or unless the deputy is apprehended In a criminal act punishable by at least six months of imprisonment. The Speaker must be informed immediately of any arrest of Diet members. Unauthorized absence from Diet sessions is punish­ able by forfeiture of a member’s salary and, in excessive cases, by forfeiture of his mandate. Leaves of absence may be grantedby resolution of the Diet. The pay of Diet members is related to the salary structure of all peimanent government personnel, which establishes basic salary classes. Basic salaries are varied periodically in accordance with a cost of living index and increments (ikaliaSt) are given for years of service. Present salaries for deputies residing outside Helsinki are about markkaa 140,000 (or about $340.00) per month.13 Free transportation on State-owned facilities is also provided.

Organs and facilities of the Diet. 1 A Parliamentary activity is carried on in the modem Parliament Building located in the capital city of Helsinki. The Diet chamber is circular in shape and the seats are grouped in semi-circular fashion facing the Speaker's chair.15 Ministers, when attending sittings of the Diet, are seated to the right and left below the Speaker's rostrum. The Committee for the Secretariat allots to each political party a group of seats to or right of the Speaker depending upon its political alignment. Each member is assigned a desk by his party organization. A modern electrical voting device permits each member to register his vote immediately when a vote is ordered. Votes cast are registered instantaneously on two totalizer boards visible to the entire chamber.

15Suomen asetuskokoelma, No. 232/1956. 14Form of Government Act of July 17, 1919, Chap. Ill; and Diet Aot of ^anuary~I?1~T9'SS7^cEaps. II, VIII; and Eduskunnan tyblSrjestya, passim. ^5Eino Makinen (toimittanut), Suomen Eduskunta (Helsinki; Tilgmann OsakeyhtiS, 1957), p. 5&1 104 Committee and other meeting rooms and offices for the deputies are also located in the Parliament buildlqg. On the first day of every session, the Diet elects from its ranks, a Speaker and a First and Second Deputy Speaker. In separate votes, these officers are elected by a majority vote on the first or second ballot, or by the greatest number of votes on the third ballot. They are subject to removal by the Diet for neglect of duty. The Deputy Speakers have full authority when they assume the chair. Diet tradition requires that the Speaker and the Deputy Speakers be chosen from the ranks of the three largest parties in the Diet. A Committee for the Secretariat, consisting of the Speaker and the two Deputy Speakers, and four other members elected at the beginning of each session, super­ vises the Secretariat of the Diet. The Secretariat is composed of a central office, a Swedish office, and various other administrative offices and personnel required to perform the various administrative duties in the Diet. A Secretary of the Diet, not a deputy, appointed by the Diet, is the permanent head of the Secretariat. He records the resolutions of the Diet, countersigns the Minutes of Debate, and is responsible for the immediate 105 supervision of the Secretariat. Five Examiners* elected by the Diet Ibr one session from its own membership9 supervise the Secretariat in drawing up and transmitting resolutions and other writings of the Diet. The Committee for the Secretariat elects other permanent, non-member officials of the Diet., Among these are the Notary of the Diet and the Clerk of the Diet* The Notary* under the supervision of the Speaker* drafts the agenda* whioh lists the order in which matters are to be taken up in the following sitting. He also notes the order in which speeches have occurred in the sitting and performs the functions of the Secretary of the Diet when that officer is absent. The Clerk receives and handles all papers of the Diet* maintains the register* drafts the Diet calendar* and sometimes substitutes for the Notary. The Diet Act calls for ordinary sessions to begin on the first day of February and to continue for 120 days, with or without interruption. In practise, the Diet usually sits for about nine to ten months each year in two sessions, one beginning in Februaiy and the other in September. With the exception of interpellations* questions, and business of the extraordinary sessions* any unfinished business may be carried over to the next session. 106 The Diet may terminate its session in less than 120 days if it so chooses* Sessions of the Diet are formally opened by the President within the first three days of the first sitting. Sittings usually occur on Tuesday and Friday, although they may be called on other days if necessary. They normally open at 2:00 P.M., and close by 11:00 P.M. The hour of closing is determined by the Speaker. Many sittings are quite short. In drawing up the agenda, Government business has precedence. Other matters are listed in the order of their acceptance unless the Speaker decides otherwise. Urgent matters may be given immediate attention at the discretion of the Speaker, even to the extent of calling a special sitting, or even several sittings in one day* The public is admitted to observe sittings unless the Diet resolves otherwise. Debates in the Diet are recorded, printed, and 16 published in verbatim form. Resolutions of the Diet are recorded by the Secretary of the Diet. All statutes and many documents are drawn up in both of the official languages, Finnish and Swedish.

16Valtlopaiv&t; PSytaklrjat (Helsinki: Valtioneu- voston Klrjapainoj. (Issued for each session.) 107 Parliamentary debates. 17 Debate In plenary sittings is carried on in public unless otherwise decreed by the Diet. Each deputy has the right to gain the floor in the order in which he requests it and to freely express his opinion on all questions before the Diet. Cabinet members engaging in debate are given precedence over representatives. Permission to speak is obtained orally or by written application. No time limit is set for Individual speeches, nor is a member prevented from speaking more than once on the same question. Speeches are made from rostrums to the right and left immediately below the Speaker's rostrum. A strict rule of relevancy is observed and the Speaker is authorized to rule out of order any digression from the subject under consideration. Deputies must preserve a serious and dignified bearing, and refrain from making injurious, mocking, or otherwise unseemly observations about the Government or particular persons. In practise, decorum is usually maintained in the chamber. The Speaker may punish violations of good conduct in the chamber

*7plet Act of January 13, 1928, Chap. V; Eduskunnan t^bjArjestysV pars. 3I-&8; ancTCampion, o£. clt.t pp. 108 by depriving the member of the floor* Furthermore* the Diet may call for a formal reprimand* suspend the momber for a period not to exceed two weeks, or call for the prosecution of a member guilty of flagrant misbehavior In the chamber* The sitting may be Interrupted by the Speaker In case of grave disorder* Debate can be Interrupted only on the Initiative of the Speaker or by a dilatory motion, which proposes that the consideration of the question be adjourned* In the latter case, further debate may ensue on the dilatory motion. In such case* debate Is limited to the dilatory motion, which must be disposed of first before a vote can be taken on the original question. No true form of closure Is found In Diet practise* The dilatory motion can serve only to postpone debate on the central question; it cannot finally terminate debate* In 1951, a proposal to inaugurate a form of closure was rejected.1® Debate may arise on propositions of the Government or on private members' motions. Also, budget matters,

IQprofessor Jan-Magnus Jansson, of Helsinki University, in a personal interview, December 19, 1957. Permission to quote secured* 109 and communications and statements submitted to the Diet by the Government are subject to debate* Private members’ motions may involve legislation or other parliamentary matters and must be submitted within fourteen days from the opening of the first session or within ten days at other ordinary sessions* Later private members 1 motions will be entertained only if they bear directly on matters before the Diet unless permitted by Diet resolution. Debate is closed when all members who have requested the floor have spoken. The Speaker reviews all the motions presented and then submits for the approval of the Diet the order in which motions and amendments are to be voted upon. The Speaker may refuse to introduce for considera­ tion any motion or amendment that he deems contrary to fundamental or ordinary law, or to the sense of a previous decision of the Diet. Motions to which counter proposals or amendments have not been offered are declared passed without formal vote. All other proposals must be formally voted upon Most votes are taken by means of the electrical device. The vote of each member and the total result are recorded in the official record. Standing votes may be 110 conducted at the request of the Speaker. If the result Is unclear, another vote Is taken using the electrical

device. A vote by ballot occurs In the event of failure of the voting machine or if requested by twenty members prior to Diet approval of the Speaker’s proposal as to the manner of voting. Printed wAyen and "Nay" ballots are Used. Voting results are entered in the official record. Tie votes are decided by lot; the Speaker having no vote. A member may abstain from voting. If a member has a personal interest in the matter under consideration, he may engage in debate, but is not allowed to vote. 19 Debate in the Diet is unusually free of technical rules. The lack of rigid time limits and the fact that a member may speak more than once on the same subject at the same sitting encourages free and full expression. The strong disciplinary powers of the Speaker results in orderly sessions and efficiently conducted debate. The Speaker is required to be strictly non-partisan, but he does enjoy

^•^Representatives who are not members of the Evangelical Lutheran Church cannot take part in the consider­ ation of ecclesiastical law and other similar matters relating to that church, nor can they vote on such matters. Cf. Diet Act of January 13, 1928, Chap. V, Art. 61. Ill substantial authority in guiding debate*

Legislative committees. ^ The standing committee is the basic unit in the committee system. The Piet Act provides that within five days of the opening of the ordinary session} the Piet must establish the following standing committees: Committee on Constitutional Law, Committee on Laws, Committee on Foreign Affairs, Finance Committee, and the Bank Committee. The first three of these must have at least seventeen members, the Finance Committee must have at least twenty-one members, and the Bank Committee has a minimum of eleven members. Because of their importance, the Committee on Constitutional Law has been considered separately below and the Finance Committee has been studied in connection with the budget and other financial legislation. A brief note concerning the activities of the other constitutionally established committees will give some Indication of their respective functions. The Committee on Laws is responsible for preparing matters relating to the establishment, amendment, interpretation, or repeal of general laws other than

ftfrpiet Act of January 13, 1928, Chaps. IV-V; and Eduskunnan tybJarjestys, pars. 10-28. 112 those Involving fundamental law and which have not been assigned to any other committee. The Committee on Foreign Affairs considers matters relating to international treaties or foreign relations that require the approval of the Diet. In practise, this committee is often ignored by the Government in foreign policy matters. 21 The Bank Committee is responsible for reviewing and reporting on the administration and condition of the Bank of Finland. It considers all measures relating to the Bank of Finland and has the responsibility for recommending the establishment, revision, or repeal of banking regulations and laws relating to the monetary system of the Nation. It also recommends the manner of disposal of the profits of the Bank of Finland. Other committees may be fbrmed as required. A group of these committees are regularly formed including the following: Economics, Law and Economy, Cultural Affairs, Agriculture* Labor, Communications, and Defense. These committees must have at least eleven members, although, they usually have seventeen. A constitutional provision permits all committees to form subcommittees

glInfra, pp. 189-192. 113 when necessary* consisting of at least eleven members* In practise, subcommittees are rarely* if ever, formed* Another committee, the Qrand committee, consisting of fbrty-f ive members is elected by the Diet within five days of the opening of the ordinary session. Because of its unusual nature and functions, this committee cannot jproperly be classified with the other committees* It has been studied in detail below. In extraordinary session* the Diet establishes such committees as are necessary for the purposes of the particular session. Membership of the legislative committees, with the exception of the Grand Committee, is determined by a group of forty-five deputies known as the Electors. The Electors, and an appropriate number of substitutes, are elected by the Diet in a manner that reflects the proportional strength of the various parties in the Diet. They continue in office for the duration of the Diet unless the Diet, on recommendation of the Speakers' Conference, orders new elections. The Electors employ a proportional representation vote if they cannot otherwise agree on the selection of committee members* Each committee elects a Chairman and A Vice- Chairman from its own membership at the beginning of each session. A salaried non»member secretary is appointed by each committee to administer its affairs. Committee 114 reports are usually presented to the Diet, or to the Grand Committee, by the Chairman or Vice-Chairman of the committee, or infrequently by a rapporteur. They do not enjoy the powerful position that the rapporteur does in France. Even if propositions of Government are drastically revised in committee, the anomalous type of debate that sometimes occurs between the minister and the rapporteur in the Erench assembly is not likely to ensue. Two-thirds of the total membership constitutes a quorum. Committee procedure requires three stages of discussion of all matters. Preliminary debate occurs during the first stage. Agreement on the substance of a question is usually made at the second stage and becomes binding on the committee. Third stage consideration concerns the revision and final drafting of the report. Committee voting is by roll-call and tie votes are decided by lot. Minority reports may be submitted with the majority report. Committees have authority to hear testimony from officials or private persons. No legal immunity attaches to such testifying. The time and the place of meetings is set by the committeej however, meetings are not usually called that conflict with Diet sittings. The Speaker, Deputy Speakers, Cabinet members, Solicitor to the Diet, 115 and certain other officials may attend committee meetings* Verbatim records of committee proceedings or of the oral testimony are not kept* A record of the decisions of the committee and all written evidence are published* Members* statements and opinions are made available to other committees requesting them. Committees of the Diet do not have the powerful position comparable to that of many congressional committees in the United States. The preparation of legislation is the primary function of the standing and temporary Diet committees* The Finance Committee is responsible for examining the budget, which is not classed as ordinary legislation, and has certain investigatory powers with respect to various financial accounts. Special investigatory authority may also be exercised by these committees, but only under extraordinary circumstances* For example, the Committee on Constitutional Law undertook to investigate the alleged abuse of authority on the part of several Cabinet ministers in 1952. Such occasions are rare, however, and generally no extensive Investigatory power exists. 29

^Professor Jan-Magnus Jansson, of Helsinki University, in a personal Interview, December 12, 1957* Permission to quote secured. 116 Nor have the standing and temporary committees the strong control over the fate of a bill as In the United States Congress* Private membersT bill may die In committee If they have not been reported before the close of the session. However, this occurs more because of the lack of time rather than from deliberate design. Government bills are almost invariably reported within a reasonable period. The question does not even arise as to whether a bill will be forced out of committee by Diet resolution.23 The power of committees is also restricted by the fact that they are not permitted to continue in session, with the exception of the Finance Committee and the Committee on Foreign Affairs, during a recess of the Diet or after the closing of the session. The two mentioned committees can continue in session only on resolution of the Diet.

23pr0fessor Eino Arinas Saarl, of Helsinki University, and Chairman of the Finnish Peoples party, in a personal interview, December 12, 1957. Permission to quote secured. 117 The Committee on Constitutional Laws.^ The Committee on Constitutional Law has the responsibility for preparing matters referred to It concerning the enactment, amendment, clarification, or repeal of fundamental laws or legislation closely related to fundamental law. It Is also concerned with matters that constitute an exception to the fundamental law; for example, laws granting extraordinary powers to the Government In time of war or other emergency. The committee is further charged with the duty of examining bills relating to additions, amendments, or abrogations of the Rules of Procedure, matters concerning the manner of elections within the Diet, and proposals regarding instructions to the Solicitor to the Diet. Og Required statements made by the Government relative to the actions taken by the Government In persuance of laws enacted by the Diet, the state of public adminlstra-

OA c Dlet Act of January 13, 1988, Chap. IV, Art. 40, 46; and Jan-liagnusTansson, "Perustuslakivaliokunnan toiminta viimeaikalsta kaytant'da silmallapitaen" [The recent activities of the Committee on Constitutional Law in its surveillance practise], Valtlo ja yhteiskunta, Valtiotieteellisen Yhdistyksen Vuosikirja, 1952-1934 (Vammala: TyrvaSn Kirjapaino Osakeyhtib, 1954), pp. 82-102. ®®In reality, these Statements" are comprehensive reports. 118 tion, and foreign relations are deliberated upon by the Coranlttee on Constitutional Laws. Appropriate proposals are made to the Diet based on Its findings* By virtue of the Diet Act of 1928 and a law of November 25* 1922, the Diet has the right to examine the legality of measures taken by members of the Government and the Chancellor of Justice. 26 Matters arising from this function are prepared by this committee. It has the further duty of resolving controversies between the Speaker and the Diet that arise from theformer's refusal to submit a question for consideration or to put question to a vote. The importance of this committee’s activities has led one authority to describe it as the ’’guardian of the constitution.”2,7 Another authority emphasizes the fact that the committee has the responsibility for determining the constitutionality of laws before they are put into force, rather than have a court determine such * constitutionality after the law has gone into effect, as

26Piet Act of January 13, 1928, Chap. IV, Art. 46; and supra, p. 48.

^Jansson, 0£. cit., p. 85. 119 In the United States.28 The nature of the committee's tasks necessarily involves a combination of juridical and political elements. It must have its experts and it inevitably has its politicians. Divergent and frequently conflicting political ideas must be reconciled and integrated into juridical concepts compatible with the Constitution. The task of this committee is not easy, but it is important.

The grand Committee.29 The Grand Committee is unique in conception and function. Unwilling to create a second legislative chamber, but desiring the stabilizing and restraining influence of such a chamber, the framers of the Diet Act of 1906 (the presently effective Diet Act of January 13, 1928, is closely based on that law) created a compromise organ--the Grand Committee. It consists of 45 members elected by the Diet from its own membership in proportion to the strength of the parties represented in the Diet. Although the Grand Committee has not developed

gQ Ibid., p. 94, citing Paavo Kastari’s "Kansalaisten perusoikeuksista” [Fundamental rights of citizens], Laklmies 1950, p. 748. 29Diet Act of January 13, 1928, Chap. V. Arts. 42. 65-66, 71" “ quite in the manner anticipated by its originators,50 it has become an important and integral organ in the legislative machinery* The Grand Committee is not charged with the responsibility Ibr originally examining proposed legislation; rather, it is employed to evaluate the reports of the ordinary committees before final decision by the full Diet. In practise, the most important function of the Grand Committee is to achieve the political compromises that are so necessary in a Diet in which no one party controls a majority. 31 This function gains particular significance in view of the fact that the membership of the committee usually includes the leading members of the Diet, and because its decisions are usually, though not invariably, accepted by the Diet.32 Because of its limited membership, it is able to conduct its affairs in less formal manner and with more open debate than is

5°V. Merikoski, Suomen julkisoikeus p&«tpllrtelttg.ln (Suomalalsen Laklmiesyhdistyksen Julkalsuja, B-Sarja, No. 80. Helsinki: Werner Sbderstr&m Osakeyhtib, 1956), p. 67. ^Professor Jan-Magnus Jansson, of Helsinki University, in a personal interview, December 12, 1957, Permission to quote secured* 52Professor Eino Armas Saari, of Helsinki University, and Chairman of the Finnish Peoples party, in a personal interview, December 7, 1957* Permission to quote secured. 121 possible In the more cumbersome plenary session of the Diet. Not all matters are submitted to the G-rand Committee. The budget is considered in a special procedure that eliminates its review by the Grand Committee. Certain other matters relating to foreign affairs and various other special questions may not require Grand Committee scrutiny. The Grand Committee has proved to be a valuable part of the machinery of coalition government.

IV. LEGISLATIVE PROCEDURE

Preliminary stages.33 The right of initiating legislative proposals belongs to the President and to the Diet. In practisei two main forms of bill are Introduced in Ihe Diet: Government bills (propositions of Government), and private members' bills (private members' motions). Important Government bills are drawn up by ad hoc committees appointed by the Cabinet, while minor bills are prepared in the ministries. They are discussed and settled in the Cabinet* and approved and presented to the

33Form of Government Act of July 17, 1919, Chap. I, Art. 2, Chap. XTl, Arts. 18, 22;~I)iei A c V of January 13, 1928, Chap. Ill; Campion 0£ cit., p. 95; ancl Feniti Renvall (toimittaja), Suomalalsen kansanvallan kehitys (Historian Aitta, III. Historian YstSv^in Lilt'ScTT Forvoo: Werner Sbderstrbm Osakeyhtib, 1956), pp. 172-179. 122 Diet by the President. The drafting of private membersT bills Is the responsibility of the member; there Is no special Diet unit to perform that service. The member’s party may undertake the task of drafting the member's bill If It Is regarded as being of particular significance. This is especially true in the larger parties, particularly in the Agrarian Union. A private member's nmotlon of law,” is a bill proposing the adoption of a new law or the amendment, interpretation, or abrogation of a law in force, or the superseding of an administrative decree. In addition, a member may submit a "motion of finance," which consists of a proposal to include an appropriation in the budget for the coming fiscal year, or a "motion of vote," which requests that the Diet recommend to the Government that it undertake certain measures within the Government's authority. Both types of bills, the propositions of Government and private members' bills, contain a draft text and arguments to support it. Matters contained in a bill must be of related and relevant character. Government bills may be presented to the Diet at any time during the regular session, although most of them are presented at the beginning of the session. 123 Members must ordinarily submit their bills to the Diet within fourteen days of the opening of the first session, or within ten days at later sessions. Only bills relating to a resolution of the Diet, a new proposition submitted by the Government, the withdrawal of a former motion, or some incident occurring during the session may be submitted by a member at a later date. Government bills have precedence over private members' bills. All bills are placed on the agenda for the subsequent sitting, and are referred at that time to committees, with or without discussion. Both types of bills follow the same procedure from that point onward. The Speakers' Conference, consisting of the Speaker, the two Deputy Speakers, and the chairmen of the committees, recommend the manner of reference of bills to the committees. After preliminary debate, if any, the Diet decides on the referrals. Committees may request reports from other committees on bills assigned to it. A committee's primary responsibility is to report on the substance of the bill. However, they may, and frequently do, propose relevant amendments, which may not exceed the scope of the bill. 124 Readings and decision.3* The Chairman, or,

infrequently, the rapporteur, presents the bill and the report of the committee to the Diet far the first reading. It is "placed on the table," without debate until the following sitting. It may then again be tabled if so requested by two members until even another sitting. At the third sitting, it can no longer be deferred and is debated fully. At the conclusion of debate on the report, in which all deputies are entitled to participate, the bill is referred to the Grand Committee without any decision being taken on its substance. This completes the first reading. The Grand Committee considers the bill, effects the necessary compromises and revisions, and renders its report to the Diet, including any recommenda­ tions for amendment, acceptance, or rejection. The report of the Grand Committee is generally debated at the beginning of the second reading. Then the bill is considered in detail. If the bill Is then approved in toto as presented by the Grand Committee, the second reading is concluded. At this point, two alternatives are presented to the Diet: It may approve

34Ibid. 125 the bill as reported by the Grand Committee in toto. in which case* the second reading is concluded* or it may return the bill to the Grand Committee with amendments* In the latter case* the Grand Committee considers the amended bill and makes its report* which recommends acceptance* rejection, or further revision of the bill* The second reading is concluded when the Diet has either accepted or rejected the changes suggested by the Grand Committee. Both the Diet and the Grand Committee have the right to call for a new opinion from the committee that originally handled the bill* or from any other committee* during the course of the second reading* At the third reading* which takes place not earlier than three days after the second reading* final decision is rendered on the bill. By simple majority, the Diet must approve or reject the bill in the wording approved at the second reading. The Diet has the further alternative of leaving the matter pending until the first ordinary session after new parliamentary elections if a proposal to that effect has been made prior to the final vote and is supported by one-third (sixty-seven) of all members of the Diet. This special procedure has been discussed in detail in a later section of this chapter* 126 In any event* no further amendments are permitted In the course of the third reading.

35 Transmittal, sanction, and publication. Approved bills are transmitted to the President for his consideration. If the President refuses to approve those bills requiring his sanction within three months from the time of receipt of the bill, It must be re-adopted In Identical form by a simple majority of a newly elected Diet if It is to become law. All laws, whether sanctioned by the President or whether coming Into force without his sanction, must be signed by the President and countersigned by the appropriate minister In order to be promulgated. All laws are published in both Finnish and Swedish in the Statute Book of Finland (Suoraen asetuskokoelma).

Special forms of procedure. An especially note­ worthy feature in the Diet's law-making procedure Is the "minority legislative veto-right."®® A motion may be

®®Form of Government Act of July 17, 1919, Chap. Ill, Arts. 19-20. ®6Plet Act of January 13, 1928, Chap. V, Art. 66; and Veikko 0. LahtTnen, riVAhemmist<5n lains&adannbllinen veto-oikeus Suomen valtios&annBn mukkan" [Minority legislative veto-right in accordance with the Finnish Constitution], Valtlo ja yhtelskunta, Valtiotieteellisen Yhdistyksen Vuosiklrja 1950-1951 (Vammala: TyrvaSn Kirjapaino OsakeyhtiS, 1952), pp. 97-107. 127 made by a deputy that a bill being considered at the third reading be "left pending.n In this event* a final vote on the bill is completed; however* unless the bill is rejected* the motion that it be left pending must be presented at the following plenary sitting* at which time the motion is argued and voted upon. If one-third (sixty- seven) of all the members of the Diet approve the motion* the bill* even though it had received majority support, must be held over to the first ordinary session after new parliamentary elections. It must then be re-adopted by a majority vote. The minority veto-right was incorporated in the Diet Act as an obstacle to over-hasty and arbitrary action on the part of the majority in the unicameral legislature, and as a restraint upon making final decision on important issues still unsettled in the public mind* which had not been carefully and fully scrutinized in the Diet.37 It was urged especially by the Swedish-speaking group as a protection for their minority position.3® In

37Lahtinen, ££. clt.* p. 97.

®9Lahtinen, o£. clt., p. 104. 129 may aak the President to dissolve the Diet. In such case, the obstructionists1 activities may be shown to be not in the public Interest and the minority group might suffer losses at the polls in the subsequent parliamentary elections. The minority veto-rigjht has been described as "potential” rather than "absolute." It cannot be gain­ said, however, that there is implicit in it a latent danger to the principle of majority rule. Nevertheless, the use of this procedure has been made sparingly and without excessive abuse. It does afford an effective means of protecting minority rights. Certain types of measures cannot be left pending. Proposals concerning new or increased existing tax levies to be collected for a period of more than one year cannot be left pending. However, these bills mist receive a two-thirds majority vote at the third reading to be passed. Proposals for taxes and State loans of less than one year’s duration cannot be left pending and require only a simple majority at the third reading to be enacted. Legislation concerned with the adoption, Implementation, or approval of matters relating to treaties with foreign powers are generally decided by a simple majority vote and ISO may not be left pending. Proposals designed to reduce the territory of the nation through boundary changes, must, however, be passed by a two-thirds majority of the votes cast. Matters Involving parliamentary Indemnity cannot be left pending; however, they require a two-thirds majority vote for passage if an appropriate motion is made prior to the final vote. In the absence of a motion requesting the two-thirds requirement, a simple majority only is needed to enact parliamentary indemnity bills. Measures involving fundamental law or which constitute an exception to the fundamental law must be left pending. To be passed, such bills require a simple majority idien originally considered and a two-thirds majority of the votes cast when voted upon by a newly elected Diet at its first ordinary session. However, the original Diet may, by a five-sixths majority vote, declare such a bill "urgent" and immediately proceed to pass it by a two-thirds majority of the votes cast*40 Obviously, a very small minority— one-sixth plus one of the members present— can effectively block immediate passage of fundamental legislation and legislation that

40Su£ra, p. 62. constitutes an exception to fundamental law, and can compel such legislation to be held over for a newly elected Diet. Such a delay might entail a period of several years if the President permits the active Diet to run its full course of four years. Because of the small minority required, this type of suspensive or delaying veto has proved to be more significant in practise than the aforementioned one-third minority veto-right. In practise, the "urgent" procedure is usually called into play in the case of proposals to amend the Constitution, which seldom occurs, and is applied in the great majority of the cases when legislative proposals contemplating an exception to the Constitution are under consideration. Otherwise, these bills must be held over for a newly-elected Diet Budgetary procedure deviates from normal legislative procedure in several important respects. Therefore, it has been given special treatment in the following section.

4^Paavo Kastari, "Kansalaisten perusoikeuksista ja nilden turvaamisjarjestelm'dn erlkoisluonteesta Suoraessa" [The basic rights of citizens and the special nature of the system for their protection in Finland], Laklmles. Suomalaisen Lakimiesyhdistyksen AlkakauskirjaV 5 vihko, 1950 (Vammala: Tyrv&an Kirjapaino Osakeyhtib, 1950), pp. 745-747. 132 Financial and budgetary procedure.^ Fundamental law requires that an annual budget be adopted by the Diet, which must Include an estimate of receipts and expendi­ tures for the coming fiscal year. Responsibility for drawing up the proposed budget lies with the Government* It must submit a balanced budget and must Justify all the estimates presented. A report on the state of the Nation’s finances and general administration accompanies the budget proposal. Budget needs are compiled in each ministry and submitted to the Finance Committee of the Cabinet. The Minister of Finance is responsible for assembling and co-ordinating the estimates of the various ministries* and for submitting a complete preliminary proposal to the Cabinet and final approval of it* the proposed budget is submitted to the Diet* Because the fiscal year corresponds to the calendar year, the budget proposal is introduced at the fall session, which usually begins in September. If Diet action

42Form of Government Act of July 17, 1919, Chap. VI; Diet Act of January 13, 1928, Chap. Ill, Art. 30, Chap. IV, Arts. 40, 43, 49, Chap. V, Arts. 63, 68, 75- 76; and Matti Leppo, ’’Finland’s public finances presented according to the international method,w Unitas, (Quarterly review, No. I. Pohjolsmaiden Yhdyspankkl OsakeyhtI’d, 1953), pp. 3-8. 133 on the budget proposal has not been completed by the end of the year, the existing budget act Is maintained In force. If the proposed budget should necessitate revision of any law already in effect, separate bills must be presented for that purpose. Private members may offer amendments to the budget; however* if any revision of any law presently in effect is required, the member must previously have introduced a bill to that effect. The budget bill is not regarded as ordinary legislation and the Diet procedure with reference to it varies from the normal procedure. Budget procedure is simplified and requires much less time than in many other parliamentary governments. Upon introduction in the Diet, the proposed budget is immediately referred to the Finance Committee. This committee has access to all accounts and records of the Treasury and, in addition, receives detailed relevant Information from the Government, Any other propositions of the Government or private members1 motions concerning public finance are considered by the Finance Committee along with the proposed budget and are treated in the same report. When the Finance Committee has completed its considera­ tion of the budget proposal, it Is submitted with the 134 committee report to the plenary session of the Diet.

Debate Is held on the budget and the report. If the budget Is not accepted in its entirety, it is returned to the Finance Committee with amendments. This phase corresponds to the second reading of ordinary bill procedure. However, it should be noted that the budget bill does not undergo examination by the Grand Committee. The Finance Committee then considers the budget in its amended form and reports its opinion to the Diet, including any revisions it might suggest, After furtbsr debate, the Diet accepts the revised version offered by the Finance Committee or finally adopts its own originally amended version. The third reading is eliminated. No presidential sanction of the budget as finally enacted is required. However, any proposals for new tax levies or for the contraction of new State loans must be incorporated in separate bills, which are treated as ordinary legislation and require presidential sanction if they are to become effective immediately. Supplementary budget proposals may be submitted in the course of the fiscal year if urgently required. Allowances are often made for unforseen contingencies. Budget authorizations made on the basis of a private member's motion are "conditional” In the sense that the 135 funds so authorized need not be ejqpended by the Government if it considers the purpose of the expenditure as Insufficient or unjustified. Budgeted funds unexpended during the fiscal year may not be carried over to the following year except by Diet authorization, nor may funds be used for purposes other than for which they have been specifically authorized* It has become fairly common practise to enact supplementary appropriation measures (llsabudgetti) during the course of the fiscal year, which has tended to diminish the significance of the annual budget as a rational and effective tool for administering and controlling the

finances of the State, ^

Diet-controlied units concerned with finanee* Budget and general financial control by the Diet is accomplished, In part, through the activities of the Auditing Office, which consists of five State Auditors who are selected annually by the Electors of the Diet, either from the membership of the Diet or from the ranks of

43professor Jan-Magnus Jansson, of Helsinki University, in a personal Interview December 17, 1957. Permission to quote secured* 136 competent persons outside the Diet. 44 The State Auditors have access to all State financial records. They report the results of their examinations to the Diet annually. The Finance Committee reviews the audit report and makes its own report and recommendations concerning the state of the finances and general administration of the Nation. The Diet may then take any necessary action. The Bank of Finland, a nationally owned and operated institution, is under the direct control of the Diet. Its Directors are appointed by the President. The activities of the Bank are supervised by nine Trustees who are selected by the Electors of the Diet at the first ordinary session of the Diet. Five Bank Auditors, selected annually by the Electors from Diet membership or from outside the Diet, are responsible for the examination of the financial accounts of the Bank and for reporting to the

44Form of government Act of July 17, 1919, Chap. VI, Art. 71; PTet Act of January~T3, 19257 cEapT III, Art. 30, Chap. IV, Art. 43;“Sampion, 0£. clt., pp. 99-100; and Hakon Holmberg, "Muutamia havaintoja valtiontilintarkasta- jain vaalista ja valtiontilintarkastajista ajalla 1919- 1946w [Various observations on the State Auditors and their elections during the period 1919-1946), Valtio .1a yhtelskunta, Valtiotieteellisen Yhdistyksen VuosTk'lrja 1947 tVammala: Tyrvadn Kirjapaino Osakeyhtib, 1947), pp. 69-83; and infra, pp. 166-166. Diet,45 The National Pensions Fund45 and the Finnish Broadcasting Company, also, are under the direct control of the Diet,

The power of decree. Two major classes of decree powers are provided for in the Form of Government Act of July 17, 1919, and in other laws. The first class of decree power is that vested in the President, He has the general right to issue decrees on all administrative matters that had been regulated by administrative decree in the pre-republican period and which have not been specifically entrusted to the Council of State,47 Decisions of the President concerning the issuance of decrees must be made in the Cabinet and must be counter­ signed by the appropriate minister.48

45Form of Government Act of July 17, 1919, Chap. VI, Art. 73TT” ancT Diet Act of "January 13,~T925T Chap. VI. 46Plet Act of January 13, 1928, Chap. VI, Art. 83a. 47Form of Government Act of July 17, 1919, Chap. IV, Art, 28. — — 48Ibid., Chap. IV, Art. 34. 138 The second class of decree powers, known as ndecislons of the Cabinet,” are those that have been particularly vested in the Cabinet. 49 These decisions must be made in the Cabinet, but the President does not participate in their issuance. Decrees have the effect of law, though they cannot conflict with any existing law. No well-developed procedure for reporting decrees to the Diet exists, although, the Diet does, of course, have the power to review decrees. Both classes of decree powers have been considered in connection with the discussions relating to the Cabinet and Prime Minister, and President. 50 It may be noted in passing, however, that the Finnish Diet has not often been guilty of delegating excessive legislative or decree power to the Government as occurred several times 51 in the French National Assembly. The subject of control and supervision of administration by the Diet, likewise, has been studied in connection with Cabinet government In the following chapter.

49Ibid.» Chap IV, Arts. 28, 41. 50Infra, Chaps. IV and V, respectively. 5lProfessor Jan-Magnus Jansson, of Helsinki University, in a personal interview December 12, 1957. Permission to quote secured. 139 V. THE ROLE OF THE POLITICAL PARTIES IN THE LEGISLATIVE PROCESS52

Although not formally provided for in the funda­ mental laws, the political parties play an important role in the legislative process through their control of the various party groups in the Diet (eduakuntaryhm'at), Every deputy is a member of a political party; there are no independents. 53 The decisions of the Diet, for the most part, reflect the compromises that have been made among the important party groups in the Diet, Even though, theoretically, the deputies represent all the people of the nation and not any limited groups of inter­ ests, in practise, the parties have substantial influence in the manner that votes will be cast by their deputies in the Diet.5^ The party group, or Diet group, as it is known in Finnish parlance, consists of all the members of a particular party who have been elected to the Diet. In

52Renvall, op, cit., pp. 169-172; and infra, Chap, IV. ---- 63Helsingin Yliopisto, Valtiokalenteri. 1957 (Helsinki: Weilin & Gttbs 0sakry£ti8, 19S6J, pp. 31-35. 54K. R, Brotherus, Katsaus Suomen Valtiollisen jarjestyamuodon historlalliseen kehltykseen T'toinenT" uudistettu palnos; Porvoo: Werner Sederstr«m Osakeyhtib, 1948), pp. 146-152. 140 exceptional cases, dissident deputies may be ostracized from a Diet group for behavior that is judged to be 55 contrary to the interests of the party. The Diet groups have gained at least semi-official recognition as an integral part of the parliamentary machinery. Special meeting rooms have been provided for them. Another more significant indication cf the recognized position of the Diet groups is seen in the fact that the President consults the Diet groups, and particularly their leaders, before deciding on a candidate for the prime ministership. Furthermore, it has become almost a constitutional tradition that ministerial candidates cannot be appointed without the Diet groups first having 56 been consulted. Diet groups are similarly consulted by the Government with reference to foreign affairs

55At the present time, the Social Democratic party is considering the re-acceptance into the Diet..group of four of its members who had been ostracized for having accepted posts in a recent coalition Government without the approval of the party. Cf. Hews item in Helslngin Sanomat, No. 336, December 2, 1957, p. 7, col. 4-5. ®®An Interpellation that led to the downfall of the recent Government of Prime Minister Sukselainen was based, in part, on the alleged unconstitutionality of the manner of appointing several ministers to the Cabinet without their having been approved by the Diet— for practical purposes, the Diet group of the Social Democratic party. Cf. News item in Helslngin Sanomat, No. 276, October 12, 1957, p. 14, col. r7~ Also, see the preceding footnote. 141 frequently and directly* EJ7 The oaucus, or meeting* of the Diet group is the primary means of organizing the Diet group* choosing committee candidates* and determining Diet group policy. Intra-party conflicts and differences are reconciled in the caucus. In actual practise* the degree of discipline within the various Diet groups varies considerably,58 The extreme leftist group* the SKDL, with its communist orientation, has the strictest discipline. The Agrarian Union, with its hard core of land-owing farmers* has been demanding increasingly rigid discipline. The Social Democratic party* at present, is suffering from a serious split and consequently is unable to enforce a uniform pattern of Diet behavior. The liberal political philosophy of the Finnish Peoples party precludes any strict dis­ ciplining of its Diet group members,58 Other parties vary in their disciplinary demands according to the nature of their political philosophy and present political conditions.

5^Professor Jan-Magnus Jansson, of Helsinki University, in a personal interview December 19, 1947. Permission to quote secured. 58professor Bino Armas Saari, of Helsinki University, and Chairman of the Finnish Peoples party, in a personal interview December 7, 1957. Permission to quote secured. 59Ibid, 142 As can be expected In a constitutional system characterized by minority and coalition governments* party discipline in the Diet is not nearly as strict as in those parliamentary systems where majority governments hold sway. However, there is no general fluidity of Diet group loyalties such as characterizes the political groupings in the French National Assembly. 60 The effectiveness of the role of the Diet groups in the legislative process can also be studied with reference to the control that they exert over the Cabinet ministers* who are primarily responsible for the initiation of the more important legislative proposals. In this respect, the degree of control by any one party naturally varies depending on whether the Cabinet minister is a member of the Diet group or not. If he is a member of a particular Diet group, that group will tend to exert appreciably more Influence in the developing of propositions of Government than if the group is not represented in the Cabinet.®^ If

R. Brotherus, "Muutamia havaintoja puolue- oloista eduskunnassa11 [Various observations on the party situation in the Diet], Valtio ja yhtelskunta, Valtio- tieteellisen Yhdistyksen VuosikTrja, 1344, (Tammala: Tyrv’AAn Kirjapaino OsakeyhtlB, 1944), pp. 5-52. « t . A. Puntila, nHarvainvaltaisla kehitysilmiiSittt Suomen demokratiassa" [Oligarchical trends in Finnish democracy], Valtio Ja yhtelskunta, ValtiotieteelHsen Yhdistyksen Vuosikirja, 1956, {Vammala: TyrvAAn Kirja­ paino Osakeyhtlb, 1957), pp. 34-39. 143 the Cabinet should happen to be a "Government of officials,"6® the Cabinet’s activities would tend to be more independent of Diet group control. Personalities, naturally, dynamically affect the balance of power among the different legislative units* If the Diet group is fortunate in having effective and forceful leadership, especially with respect to its members in the committees and the Cabinet, the group's influence will be augmented accordingly.6® Under the present circumstances of coalition government, the effectiveness of Diet groups in influencing legislation in a positive fashion depends considerably on their ability and desire for ironing out discords within their own parties and finding agreeable legislative compromises with other party groups having reasonably close objectives. Until the present differences within the Social Democratic party are resolved, any substantial or lasting co-operation among the Diet groups is unlikely.64

62Infra, pp. 175-177.

63Puntila, 0 £. cit., p. 37. 64Professor Eino Armas Saari, of Helsinki University, and Chairman of the Finnish Peoples party, in a personal interview December 7, 1957. Permission to quote secured. 144 The Influencing of Diet groups or indivictual deputies through organized lobbying is virtually unknown in Finnish politics. Pressure and lobby groups 1 agents do not clutter the halls and offices of the Diet building in any observable measure. Special interests groups are undoubtedly active in attempts to influence the course of legislation, but such activity is largely restricted to working through the various parties. Of course, personal contacts with the elected deputies do occur in the Diet offices and coffee shop, however, such informal social intercourse does not assume the proportions of a major political phenomenon.

VI. THE LEGISLATIVE INTERRELATIONSHIPS AMONG THE PRESIDENT, CABINET, AND DIET: A SUMMARY

There was created in the Finnish Constitution a form of ltdualism,r in the manner of distributing the legislative authority of the State. The President, as well as the Diet was invested with the right to initiate legislation, and the President was further empowered to sanction bills enacted by the Diet. The remarkable fact concerning this dual distribution of legislative authority is that the President actually, as well as formally, exercises his legislative powers* With respect to executive preparation of legisla- 145 tion, that responsibility has devolved upon the Cabinet in actual practise. Nonetheless} the President must* and does, make the final decisions in the Cabinet on legislative proposals prepared by the Cabinet; and such proposals, or propositions of Government, can be presented to the Diet only by the President. Although the President has both the theoretical and real power to reject or alter a legislative proposal prepared by the Cabinet, even if the proposal is supported unanimously by the ministers, he has seldom exercised this right.65 The exercise of this right is apt to occur only in time of political crisis.66 The likely and logical result of a presidential rejection of a proposal favored by a majority of the ministers would be the voluntary resignation of the ministers supporting the proposal^

65pr0fessor Paavo Kastari, of Helsinki University, and Second Minister of the Ministry of Communications and Public Works, in a personal interview December 7, 1957. Permission to quote secured. 66Instances of disagreement between the President and the Cabinet, though not necessarily on legislative matters, are cited in: Paavo Kastari, "Ministereitten lausuntojen ja kannanottojen merkityksest’d tasavallan presidentin ratkaistessa asioita valtioneuvostossa” [The significance of the statements and positions of the ministers in the settlement of matters by the President in the Cabinet], Valtio ja yhtelskunta, Valtiotieteel- lisen Yhdistyksen Vuosikirja, 1341 (Vammala: Tyrvadn Kirjapaino Osakeyhtib, 1941), pp. 39-63. 146 or their dismissal by the President. This is so beoause presidential deolsions cannot ordinarily become effective without the countersignature of the minister concerned. The suspensive veto of the President is a formidable power because he can prevent a bill from taking effect until after the next regular parliamentary election unless the Diet oompels its own dissolution by the President by withdrawing its support of the Cabinet. Presidential vetoes have occurred in many instances (although most have been recommended by the Cabinet) and have infrequently been overriden. It can seem from this discussion that, although the will of the Diet will ultimately prevail, the path it must take may sometimes be a circuitous one, a condition uncommon in a parliamentary form of government. In a parliamentary system, the executive and legislative relationships are inextricably bound together in some respects. Consequently, further study of the legislative, as well as the executive and administrative, interrelationships have been continued in the following two chapters concerned with Cabinet government and the President, respectively. CHAPTER IV

THE CABINET SYSTEM

In one parliamentary system of government, the Cabinet, or "Government,w may be the "creature" of the parliament and subject to its every demand. Yet, in another parliamentary system, the Cabinet may be the guiding force that points the direction and sets the pace that the popular assembly is to take. The executive and administrative position of the Prime Minister and the Cabinet in the governmental process, and their relation to other units of government in that process, have been studied in this chapter. Attention has been given to present-day Finnish governmental organization, parliamentary supervision and control, and to the problem of governmental instability. To complete the administrative picture, the organization and the nature of the national administration and the civil service have been described and analyzed. Special effort was made to obtain viewpoints of persons closely connected with the national government, either by personal Interview or by consulting their recent writings. Current news items and basic official sources provided additional information,

147 148 I. PRIME MINISTER AND CABINET

The Cabinet: Statue and functions. The Cabinet, pr Council of State, was created for the purpose of assisting the President in governing the State,^ It has the responsibility for preparing matters for decision ty the President and for executing his decisions. In addition, the Cabinet has authority, in its collective capacity, to render decisions on all executive and administrative matters not reserved to the President, or which have not been expressly vested in an individual 2 minister or a lesser authority. Individual ministers, in their capacity as heads of ministries, are entrusted with authority to make decisions necessary to the functioning of their respective ministries. The Prime Minister and the other ministers are appointed by the President and may be dismissed by him. The Prime Minister and the ministers are usually members of the Diet, though they need not be. The Cabinet must enjoy the confidence of the Diet and may be forced to resign individually or as a group If confidence is

^Supra, pp» 69-72. %|orm of government Act of July 17, 1919, Chap, IV, Ax1!) • 4X§ gIbld,, Chap, IV, Art. 44, 149 withheld unless the President decides to dissolve the Diet Instead. In the event of doubt on the part of the Cabinet as to Its competency to settle any matter* the President has the authority to make the final determination on the 4 question of competency. The national administration Is the responsibility of the Cabinet. Each minister, with the exception of those without portfolio and the Prime Minister, is responsible for the administration of his ministry. In some cases, two ministers may share in the direction of one ministry. Many important decisions, although relating only to one ministry, are made jointly In the Cabinet sessions•

The Cabinet: Organization. The Cabinet is organized as a collegial body consisting of the Prime Minister, a Deputy Prime Minister, and wthe necessary number of ministers,n5 In addition to the Prime Minister and the Deputy Prime Minister, the present (March 1958) Cabinet includes the ministers for the following

4Ibid., Chap. IV, Art. 42 Slbld.. Chap. I, Art. 2. 150 ministries:6 (1) Foreign Affairs, (2) Justice, (3) Interior, (4) Defense, (5) Finance, (6) Agriculture, (7) Communications and Public Works, (8) Trade and Industry, (9) Social Affairs, and (10) Education (presently occupied by the Deputy Prime Minister), In addition, there are Second Ministers cf Finance, Communications and Public Works, and Social Affairs, who have equal rank with the other ministers. When the need arises, ministers without portfolio may be appointed by the President, Such need may arise for various reasons including the need for more adequate representation of certain political groups, the special qualifications of the nominee may be required for particular problems, or an excessive workload may require additional assistance. Ministers without portfolio are uncommon except in time of war or other emergency. The total number of ministers without portfolio and second ministers combined cannot exceed six. There are no undersecretaries nor assistant secretaries. In selecting the Prime Minister-designate, the

6Laki: Valtioneuvoston minis ter ibiden lukum'daras t'A Ja ylelsesta tolmlaiasta, 1&2^ ['Law: TEe" number of.------ministries of tEe Council oTIJtate and their general fields of activity, 19223, as amended; and news item in Uusi Suomi [Helsinki], No. 324, November 30, 1957, p. T7~Col. 8. 151 President has a relatively free hand. In practise, he must, of course, select a person acceptable to the Diet. The Prime Minister-designate usually draws up a list of prospective ministers in consultation with the political party leaders, which is submitted to the President for his approval• In recent years, the major party groups have been developing the practise of deciding in advance what prime ministerial candidate would be acceptable to them. This practise was not contemplated in the Constitution, but it is rapidly becoming solidified as a political tradition. 7 On the other hand, the President has, on occasion, personally nominated and appointed the entire slate of ministers. This occurred in 1922.® The Presidents influence in selecting ministerial candidates is especially strong when the situation demands the

7L. A. Puntila, "Harvainvaltaisia kehitysilmibita Suomen demokratiassa" [Oligarchical trends in the development of Finnish democracy], Valtio ja yhtelskunta, Valtiotieteellisen Yhdistyksen Vuosikirja, l956 TVammaTa; Tyrvaan Kirjapaino Osakeyhtib, 1957), pp. 35-39. Summary in English, pp. 100-101. ®K. R, Brotherus, Katsaus Suomen valtiollisen jarjestysmuodon h lstorlalllseen kehitvkseen Ttolnen. uuaistettu palnos; porvoo: Werner Sbderstrbm Osakeyhtib, 1948), p. 142. * ' 152 9 appointment of a temporary, non-partisan Government, In its broadest sense, the term Council of State is regarded as including, in addition to the above mentioned ministers, the Office (Chancellory) of the Council of State, and the Chancellory of Justice, the latter being under the direction of the Chancellor of Justice.10 The Office of the Council of State, which roughly corresponds to a ministry, is usually headed by the Prime Minister. The Office of the Council of State ordinarily handles matters not readily assignable to the regular ministries. Ministers may participate in debates in the Diet and its committees, whether they are members of the Diet or nat. They are entitled to vote on Diet measures If they are members, but may not be members of Diet committees. Each minister with portfolio (portfolios may be ahared with a second minister) Is the executive head of his ministry. He has the responsibility for providing political direction to the administrative personnel and organization under his supervision.

9Infra, pp. 175-177. _10V. Merikoski, Suomen iulkisoikeus pa&piirteittSin (Suomalaisen Laklmie sybils tyksen'Julfcaisu ja, 'B-Sar ja ---- No. 80. Helsinki: Werner SdderstriJm Osakeyhtid, 1956), p • 95, 153 In the absence of the Prime Minister, the Deputy Prime Minister assumes full authority of the prime ministerial post. When the President attends a Cabinet session, which he does regularly, he assumes the chair. Two basic committees, the Finance Committee and the Committee on Foreign Affairs, have been established by law and regulation. The Finance Committee consists of the Prime Minister, the Minister of Finance, the minister who is responsible for the matter under consideration, and a fourth member appointed by the Prime Minister. The Committee on Foreign Affairs is made up of the Prime Minister, the Minister of Foreign Affairs, and three other appointed members. Other committees may be formed as needed; however, there is no specific provision for their creation. x

Cabinet procedure. ^ Formal sessions of the Cabinet are of two types: (1) a presidential session (Presidentin

Upaavo Kastari, "Mlnisterivaliokuntia koskevia n&kbkohtian [Viewpoints concerning Cabinet committees], Valtio ja yhtelskunta, Valtiotieteellisen Yhdistyksen Vuoslkir^a, 1^47 ^Vammalas TyrvAMn Kirjapaino Osakeyhtib, 1947), p. 93. ^ I b i d ., pp. 92-108; and Paavo Kastari, "Ministe- reitten lausuntojen ja kannanottoJen merkityksest'A tasa- vallan presidentin ratkaistessa asioita valtioneuvostos- san [The significance of the statements and positions taken by the ministers in the determination of matters by the President in the Cabinet], Valtiotieteellisen Yhdis- tyksen VuoslklrJa. 1941 (Vammala: TyrvAAn Kir japaino Osakeyhtib, 1941), pp'L 39-63. 154 latunto)i which is presided over by the President* and (2) a non-presidential session (Valtioneuvoston yleislstunto)» which is under the chairmanship of the Prime Minister, or the Deputy Prime Minister# Except for matters that are by their nature specifically assigned to particular ministries, business within the competence of the Cabinet is settled in plenary session. Five ministers constitute a quorum. The Prime Minister is chairman of the meeting unless the President is in attendance, in which case, the President assumes the chair. The Cabinet sits as a collegial body, each member being permitted to voice his opinion on any matter before the meeting and having an equal vote in the decision. In the event cf a tie vote, the vote is determined in favor of the group with which the Prime Minister has cast his vote, except In disciplinary matters, in which case, the vote is decided In the manner most favorable to the person In question. Matters coming before the Cabinet usually originate in the ministry concerned, where they are prepared in preliminary fashion. Prior to being presented In the

13Merlkoski, op. cit., p. 101. 155 official session for final consideration and decision, measures undergo preparatory consideration in one of the Cabinet committees. the “Finance Committee, the Committee on Foreign Affairs, or, possibly, an extraordinary committee appointed for the particular purpose, A permanent official usually participates in the presentation and handling of measures in the committees and later aids in presenting it in the non-presidential session of the Cabinet. Matters are further considered in a midweek unofficial evening session of the Cabinet, which has been dubbed the "night school1’ (lltakoulu). The permanent official may or may not be invited to participate in this gathering. No official record is kept, nor is there any official decision taken at this evening session. Nevertheless, much of the Important preparatory work is done and the necessary compromises are arranged in the "night school” so that decisions may be readily made in the following official sessions. When a matter is presented and discussed at the non-presidential session, final decision can be made only on matters not requiring a presidential decision. Matters requiring a presidential decision must be presented at a presidential session by the appropriate minister for final actirn by the President. 156 The President must make his decisions, with the exception of certain military and a few other special matters, in the presidential session of the Cabinet* He is not obliged to accept the decision of any particular minister nor that of the majority of the ministers even if they are unanimous* To avoid responsibility for any decision made in Cabinet sessions, a minister must record his dissent in the minutes. The minister, or the civil service reporter in the case of matters involving the entire Cabinet, who has presented a matter is bound to countersign the Presidents decision unless he deems it contrary to fundamental law*^4 Decisions that are regarded as contrary to law must be referred to the full Cabinet, which then requests the opinion of the Chancellor of Justice. If the Chancellor of Justice concurs with the minister, the President is requested to withdraw his decision. If he fails to do so, the Cabinet must declare the decision unenforceable. The presidential sessions are not merely foiroal ceremonies in which the President goes through the form of approving ready-made decisions; rather, they are serious

IV, A i ^ r f l r s f r U p a a s s t Act of Jul* 17, 1619, Chap. 157 meetings at which important matters are discussed leading to a final settlement.15 The extent to which discussion and deliberation occurs depends primarily on the personal qualities of the President. The late President Paasikivi is reported to have been quite active in Cabinet discussions#15 The President is unlikely to overrule the decision favored by a majority of the ministers. Such action would very likely precipitate a Cabinet crisis# The power is there, however, and it has been exercised on a few oocasions. Many matters must necessarily be given only brief attention because of the excessive number presented in the Cabinet sessions. This situation has been criticized by one authority, who adds, however, that the thorough preparation of matters before their presentation to the President tends to offset the disadvantage resulting from

15 Paavo Kastari, "Ministereitten lausuntojen Ja kannanottojen merkityksest'a tasavallan presidentin ratkaistessa asioita valtioneuvostossa," Valtiotieteellisen Yhdistyksen Vuosikirja, 1941 (Vammala: TyrvSEn Ki'r’japaino Ssakeyhti'6, T O T T T T r ^ l 16 Professor Eino Armas Saari, of Helsinki University, and Chairman of the Finnish Peoples party, in a personal interview December 7, 1957. Permission to quote secured# 158 their large number• ^ In practise} work in the presiden­ tial sessions usually goes quite smoothly. The excessive number of matters coming before the Cabinet sessions results mainly from the traditional collegial manner of administering public affairs, which is followed in the Cabinet, and from the constitutional injunction that decisions of the President must be made in the Cabinet. Many questions could probably be better left to the discretion of the individual ministers or to the permanent subordinate personnel. Also, many matters presently requiring presidential attention could probably be settled more efficiently and expeditiously by the Cabinet in its own right or within the individual ministries.

Decrees and regulations. Extensive power of decree has been granted to the President. With the exception of authoilty granted to the Cabinet, the President has the right to Issue decrees as follows:'*’® (1) upon matters which had been regulated by administrative provision in

17Professor Paavo Kastari, of Helsinki University, and Second Minister of the Ministry of Communications and Public Works, in a personal interview December 10, 1957, Permission to quote secured, 18Porm of Government Act of July 17, 1919, Chap. IV, Art • 28. — 159 the pre-independence period, (2) to execute the laws* (3) to administer State property, and C4) to regulate the organization and operation of the administrative services and institutions# In addition, the President possesses powers of decree entrusted to him as a form of delegated legislative power for specific purposes. Decrees may not imply a modification of a law# The Cabinet has decree powers that are specifically entrusted to it by various laws# In practise, the initiation and preparation of both of these types of decrees occur, for the most part, in the ministries and are presented to the plenary sessions of the Cabinet by the minister concerned* Because the President must make his decisions in the Cabinet and because his decisions must be enforced by the ministers, It follows that the President must rely completely on the Cabinet for the exercise of his decree making power#^® Judges and other officials are forbidden to enforce decrees that are in conflict with fundamental or other law. The actual Import of this constitutional injunction has not yet been made fhlly clear#

19 The President exercises another form of decision­ making authority independently of the Cabinet, which is discussed in Chapter V. 160 In addition to the decree-making power entrusted to the President and the Cabinet, the ministers and certain permanent officials are permitted to issue administrative regulations necessary for the administration of the affairs of the particular ministry, which cannot be classed as decrees* Presidential and Cabinet decrees and decisions are published in the Statute Book of Finland (Suomen asetuskokoelma) after signature and countersignature by the proper authorities*

The Prime Minister* Several circumstances have militated against the Prime Minister’s achieving a dominant position in the Finnish constitutional system* Far emost among these is the fact that he is only primus Inter pares*80 The traditional governing body in Finland has been the collegial body* With a voice not much more important than his colleagues, the Prime Minister usually functions more as a mediator seeking compromises than as a strong leader asserting his own views* Similarly, the recurring fact of coalition and minority governments is a compelling reason why

20 , Paavo Kastari, MMinisterivaliokuntia koskevia ^ k°h,tla> * Valtio iS yhtelskunta, Valtiotieteellisen Yhdistyksen Vuoslkirja, J.y47 IVammala: Tyrvattn Kirjapaino Osakeyhtib, 1947), pp. 95-94. 161 co-operation rather than strong leadership Is the earmark of prime ministerial leadership. Any action, whether it is the appointing of committee members, pressing for the approval of legislative measures, or any other controversial matter, requires that due attention be paid to the several viewpoints represented in the Cabinet, The multiplicity of parties and the failure of any one party to gain majority control of the Diet vitiates any Influence that the Prime Minister might have gained as a leader of his party in the Diet, The need for compromise in the Diet is equally as urgent as it is in Cabinet affairs. The Prime Minister-designate has an important voice in drawing up a suitable list of ministerial candidates, but here again, the need for compromise in order to gain support of other parties weakens the position of Prime Minister-designate, The strong position of the President further detracts from the importance of the Prime Minister. The President is Invested with supreme executive power. His decisions, with a few exceptions, must be made in the Cabinet, but they are final. The Cabinet, under the chairmanship of the Prime Minister, cannot make final decision in many important policy matters in the absence of the President, Nor is the President bound to follow any preliminary decisions made by the ministers and the 162 Prime Minister. Furthermore) the Prime Minister) like all the other ministers) is subject to dismissal by the President at will. All of these facts) although of less significance in actual practise than they appear on the surface, tend to detract from the importance of the position of the Prime Minister as the leader of the Government. In reality, of course, the Prime Minister wields substantial power and is unlikely to be dismissed by the President so long as his Cabinet enjoys the".confidence of the Diet. However, primarily for the reasons mentioned, the Prime Minister is unlikely to achieve the political stature comparable to that of a prime minister In a parliamentary system with a majority government such as in the United Kingdom.

II. PARLIAMENTARY SUPERVISION AND CONTROL OF ADMINISTRATION

Means of supervision and control. Various parlia­ mentary means are employed in examining, supervising, and controlling the actions and measures taken by the Government. "Questions,” "interpellations," and "state­ ments" are three direct parliamentary devices.^

21Diet Act of January 13, 1928, Chap. Ill, Arts. 29, 37; and supra, pp. 65, 117. 163 A member of the Diet may address a "question* in writing to any member of the Government on a subject within the minister's field of activity. At an appointed time, the minister may answer the question orally or in writing, or he may set forth the reasons why the question cannot be answered. In practise, questions are almost invariably answered in writing. No debate is permitted on the answer nor on the explanation for declining to answer. Even without debate, the question has the useful purpose of focusing public and parliamentary attention on certain activities or policies of the Government. A more formal means of inquiry is accomplished by resort to the "interpellation." Like the question, the interpellation is submitted in writing to the Speaker. It is then read to the Diet and "laid on the table" until twenty deputies, including the authors, have signed it. The minister, to whom it is addressed, must reply, orally or in writing, within fifteen days after notification unless the Government presents an explanation as to why no reply can be made, A vote of confidence may result flrom the general debate on the reply or on the explanation for not replying. Thus, the interpellation is an effective device for controlling, influencing, or ousting the Government • A "statement" is a comprehensive account or report 164 made by the Government to the Diet concerning the adminis­ tration of public affairs* Certain statements are mandatory at each ordinary session. This mandatory group includes matters relating to measures taken in consequence of resolutions of the Diet, important issues concerning public administration or foreign affairs, and the condition of the public finances* The Government may, on its own initiative, issue a "communication,11 to the Diet, which gives an account of the state of administration of public affairs or foreign relations* 22 The communication is different from the statement In the fact that the latter is mandatory and is more comprehensive, while the communication is transmitted to the Diet by the Government whenever any public matter requires exposition or .clarification. Both, however, are useful for the purpose of apprising the Diet as to the state of public affairs. Probably the most common and effective means of parliamentary supervision and control is accomplished by having ministers actually present and participating in debates before the Diet and its committees. A member of the Government can hardly hope to escape revealing inter­ rogation even though he is there primarily for the purpose

^ I b i d ,, Chap* XIX, Art. 36* 165 of presenting and defending a proposed measure. Deputies who have previously occupied ministerial posts are in an especially good position to criticize the incumbent minister because of their more intimate knowledge of the minister1s field of activities. Financial control by the Diet is achieved primarily through the operations of five State Auditors, who are Ot directly responsible to the Diet, The State Auditors are appointed by the Electors of the Diet at each regular session for the purpose of maintaining surveillance over the administration of the budget and examining the condition of the treasury and its administration. The State Auditors operate under the direct instructions of the Diet and they have access to all necessary public records and information. At each ordinary session, the State Auditors submit a comprehensive report to the Diet concerning the status of the public finances and administra­ tion, which calls attention to any illegalities, improprieties, or weaknesses and recommends appropriate remedial measures. The work of the State Auditors is quite important. They not only report on matters of financial administration,

„T . 2gForm of Government Act of July 17, 1919, Chap. VI, Art. 71; anH Diet Act of January la. 1925. Chap. m . Art, 30, ^ 166 but also on the value of projects undertaken* efficiency of administration, and any other aspect of administration. Their reports are critical and detailed and concern any administrative unit. Uniform standards of performance and costs tend to follow as a result of their auditing activities. Some of the beneficial effect of their work is lost because of the delay in having the Diet take action on their reports and because of the lack of follow-up of the Auditors’ recommendations. State Auditors are frequently drawn from the ranks of persons active in the financial world; however* anyone 0 4 eligible to vote in national elections may be selected. The State Auditors are an important organ for maintaining control of governmental financial and administrative affairs. The Solicitor to the Diet may be included among the units through which the Diet supervises and controls the 2 5 Government. u The solicitor has the responsibility for

24Hakon Holberg, ”Muutamia havaintoja valtiontilln- tarkastajain vaalista ja valtiontilintarkastajista ajalla 1919-1946” [Various observations on the State Auditors and their election during the period 1919-1946], Valtlo ja yhteiskunta. Valtiotieteellisen Yhdistyksen Vuosikirja, 1§47 (Vammala: Tyrv&An Kirjapaino Osakeyhti'd, 1947), pp. 69-83. 25Supra, pp. 66-67. 167 observing and reporting any dereliction or neglect of duty on the part of any member of the Government. He has access to Cabinet sessions and all official meetings and records. He reports directly to the Diet and makes appropriate recommendations or charges. In actual practise, he does not attend Cabinet meetingsj however, as chief legal officer of the legislative branch, the Diet relies heavily upon him to maintain surveillance over public administration and to prosecute officials charged with malfeasance or nonfeasance in office* The Chancellor of Justice, though not directly responsible to the Diet, has an authority similar to that of the Solicitor, Including the obligation to report to the Diet any derelictions of official duties, or illegall- pg ties or weaknesses in the execution of the law* An uncommon and indirect form of parliamentary supervision occurs when complaints of citizens are made directly to the Diet members. These complaints are more likely to be concerned with local administration. P7

Ministerial crises and governmental instability. Parliamentary control of the Government Is ultimately

26Supra, pp. 72-74. g7Supra, pp. 80-81. 168 manifested in the right of the Diet to declare its lack of confidence in the Government or in any particular minister. The Constitution requires that the members of 28 the Cabinet shall enjoy the confidence of the Diet# Technically, however, the Diet cannot dismiss the Cabinet or any minister; that responsibility lies with the President# In practise) the President will dismiss a Cabinet, or an individual minister, failing to retain the confidence of the Diet unless the President decides to dissolve the Diet instead and submit the question, in effect, to the electorate. The latter action has occurred on occasion, but is employed only in extreme cases# There is no established constitutional form that the Diet is compelled to employ in demonstrating its lack OQ of confidence in the Government# Theoretically, a vote of confidence can arise on almost any matter that comes before the Diet if the Diet makes it clear that its vote shall constitute a test. However, the interpellation is the most usual means used by the Diet to compel a

28Form o f Government Act of July 17, 1919, Chan. IV, Art. 36# --- 29 R# Hermanson and K# Kaira, Suomen valtios'AUnttt paapilrteitt&ln (Suomalaisen Lakimiesyhdistyksen Julkaisuja, B-Sarja, No# 54 Helsinki: Werner Sbderstrdm Osakeyhtid, 1952), pp* 70-73. 169 vote of confidence. 30 The "statement," similarly, has been employed as a vehicle for ministerial ouster. In 1936, an effort to dislodge the Cabinet on the basis of its statement failed by only one V)te and, In 1948, a non-confidence vote was rendered with respect to one minister, who was dismissed forthwith by the President*3 1 Reports from the State Auditors, Chancellor of Justice, and the Solicitor to the

30An interpellation was recently employed to provoke a confidence vote. It resulted In the downfall of the Government. One point in the Interpellation challenged the legality of the manner of forming the Cabinet on the grounds that certain newly appointed members were participat­ ing in its activities without having been subjected to a vote of confidence in the Diet. Cf. Helsingin Sanomat, No. 276, October 12, 1957, p. 14, col. 7; and supra, p. 140.

S1 K. R. Brotherus, Katsaus Suomen valtiollisen .1 ar.1 estvsmuodon hlstorialliseen kehitykseen (tolnen. uudistettu painos; Porvoo: Werner S'dderstrbm Osakeyhti'd, 1948), p. 148-149*

3 2 Ibid* 33 Ibid.; and V. Merikoski, Prlcis du Droit Public de la Flnlande, trans. Arvid Enckell {Association ”oT FirinTsli Jurists, Series D, No. 1, Ius Finlandlae. Helsinki: Suomalaisen Kir jallisuuden Seuran TTTr japalno Osakeyhti'd. 1954), pp. 38-39. 170 that the Government has declared In advance aa being 3 4 matters of confidence, A "communication*1 from the Government to the Diet may also be used for testing the position of the Cabinet, although, this is uncommon in usual practise. The number and duration of the cabinets in Finland since the Second World War have been graphically presented in Figure 2, page 171. Including the non-partisan, multi­ party governments of Prime Minister Paasikivi immediately following the war, the average life of post-war governments have been a little less than one year. The shortest-lived cabinet was the recent one of Prime Minister Sukselainen (denoted Sukselainen I:mC in the chart), which, in reality, was a partially re-formed version of his original cabinet. It remained in power less than three'months. The longest- lived cabinet was that of Prime Minister , which survived for twenty-nine months. The trend is not too definitely established, but it appears that the political life of the cabinets has tended to become shorter in recent years. Although the composition of the cabinets is not shown, the chart does reflect the fact that there has been no single party, majority government In the post-war period.

34Brotherus, ££, cit., p. 149. 171

1944 1946 kivi IiN+ 1946 1947 W 2 3 M M J ? 3

FagcrnoimT: 1950 3ekkenen T 1951 seucenen i t s m g Kekkonen ill smc Kekkonenlvs 1954 ZiOGEI*! Kekkonen vs Me CD Faaarholm Ililfl 1957 smtselainen Ismc

FIGURE 2 POST-WAR CABINETS IN FINLAND Keys N - non-partisan, coalition; MC - majority coalition; mC - minority coalition; and, mS - minority, single party* Roman numerals refer to separate cabinets under the same Prime Minister. K. Paasikivi led an earlier cabinet in 1916. $The Cabinet did not fall; six ministers were replaced and one added. It became a majority coali­ tion by the addition of Social-Democratic members. =tiA "government of officials" (virkamieshallltus). representing no parties, was Installed on Wovember 5 6 , 1957, under Prime Minister von Fieandt. 172 This has been true for the entire period of Independence* Thus, Finnish political Ife la characterized by the inherent precariousness and weakness of minority and coalition governments* Another point of note shown in the figure is that successive cabinets have frequently been under the same prime ministership* Prime Minister Kekkonen headed four successive cabinets, whose total life exceeded three and one-half years. Even a fifth cabinet was led by Prime Minister Kekkonen less than one and one-half years later. The retention of the same Prime Minister tends to offset to some extent the disruptive effects on the continuity of governmental policy resulting from moderately frequent cabinet turnovers* Similarly, and though not shown in i the figure, ministers are often returned to the same or other posts in successive cabinets* This fact, too, lessens the significance of the excessive number of re-formations of the Government* The evidence here points to the conclusion that Finland has enjoyed relative governmental stability in the post-war period when compared with the situation in France, where, between 1944 and 1952, the average cabinet 175

period waa less than six months. 3 3 Of course, the duration of Finnish governmenta cannot be favorably compared with the stable cabinet situation enjoyed by Sweden, which haa had only two cabinets in over twenty years* The prospect for achieving more stable governments seems to be basically better In the present period than it waa In the post-war period notwithstanding certain recent upsets* The reason for this is that In the post­ war period, the Social Democratic party, which usually haa the largest representation in the Diet, has been actively participating in the formation of the coalition governments* 36 In the earlier period, the Social Democratic party, still bearing the onus of blame for the

Civil War,3 7 was unable to reconcile its differences with the centrist parties* It remained aloof from participation in the government except In 1926, when it formed Its own single-party minority government, and in 1937 and following, when It began to co-operate in coalition government

_ 35Heman Beukema and Associates, Contemporary Foreign Governments (third edition; New York:'Rinehart & Company, Inc*,1956), chart, p. 143, and p. 152* 36 Professor»Jan-Magnus Jansson, of Helsinki University, In a personal interview December 12, 1957* Permission to quote secured* 37Supra, pp. 39-41. 174 formation*3® The more immediate problem in achieving greater stability seems to lie in the internal conflict and division within the Social Democratic party* itself* rather than in its relations with the other parties* The Social Democratic party is unable to offer dependable support to any cabinet because it cannot muster a substantial degree of concurrence of opinion within its own ranks* Until these internal differences within the party are resolved, there can be little assurance of early cabinet stability* < * Q In any event, recent events discourage any optimistic prognosis of the immediate course of Finnish cabinet life* ^ 0 One final point may be noted relative to changes of governments: cabinets remain in office after losing the confidence of the Diet until a new cabinet has been formed. The longest period required to form a new

3®Helsinki University Publications* Suomen Valtiokalenter!: 1952 (Helsinki: Weilin & (Mbs Osakeyhtid, l9gl), pp. 117-123. 3®Professor Eino Armas Saari, of Helsinki University, and Chairman of the Finnish Peoples party, in a personal interview December 7, 1957, Permission to quote secured* 40purther discussion of the devlslve forces among the parties and within the parties is continued in Chapter VI* 175 cabinet was forty-two days* which occurred prior to the installation of the incumbent cabinet on November 30* 1957*

Governments of officials. A feature of special and Immediate interest in Finnish government is the Mgovernment of officials” (virkamieshallltus). On November 30, 1957,

and on three other occasions, ’’governments of officials’1 have been formed to assume control of the government. 41 These cabinets are usually made up of professional men from various walks of life, some of whom have had little or no practical experience in political life. Governments of officials are usually formed only as a last resort to avoid calling for new parliamentary elections. The latter alternative is especially undesireable if regular parliamentary elections are in the offing. 42 Furthermore, too frequent calling of parliamen­ tary elections would tend to weaken public support of the representative body as a political institution and would lessen the influence of its members,

^News item in Helslngin Sanomat, No. 324, November 30, 1957, p» 10, cols. 3— One of these governments, the Cabinet of Prime Minister Tuomioja, had ten political ministers and only six "officials"j however, it was regarded as being a non-partisan government of officials. ^Editorial in the Ilta Sanomat [Helsinki]], No. 269, November 20, 1957, p,2> cols. 1 -2 . 176 In theory, these "caretaker” governments concern themselves with "housekeeping” and immediately necessary functions of government. In practise, they frequently have had to handle matters involving political issues because of their urgency. This type of cabinet does not, however, put any of its proposals to a test vote. Ordinarily, it will not attempt to inaugurate a new legislative program, but will endeavor to confine itself to a continuation of existing programs. 4 3 The duration of governments of officials depends on various circumstances such as the length of time before a Diet election, the condition of the economy and public affairs, the season of the year (e.g., the budget deliberations usually occur in November and December, and require immediate attention by an acceptable government), and the state of relations between the political parties* The three earlier governments of officials, mentioned above, had an average existence In excess of five months. It may be further noted that many of the cabinets during the entire period of independence have had one ac

43Professor Paavo Kastari, of Helsinki University, and Second Minister of the Ministry of Communications and Public Works, in a personal interview December 10, 1957, Permission to quote secured. 177

several "officials” or professional (ammattl) ministers. This fact does not, however, transform them into governments of officials. The post of Minister of Foreign Affairs is most frequently held by a professional minister. It may also be noted that Prime Minister Paasikivi occupied his post as a non-partisan leader, although his cabinets were made up essentially of political ministers (see Figure 2). These cabinets are not properly regarded as governments of officials, although they may be described as non-partisan governments. 44 Because the gw ernment of officials is not politi­ cally representative and usually has no discernible legislative program or policies upon entering office, it must be regarded as ah extreme measure, temporary in nature, which is necessary to avoid serious disruption of the activities of the State. In any event, the profession­ al, or non-partisan, minister has played a significant role in Finnish government.

4 4 Non-partisan governments that consist primarily of political ministers but which function only for a limited time in a caretaker capacity are called tolmltusministerlsth; however, because of the long duration of the Paasikivi governments, it is perhaps improper to use this designation in describing them. 178 III. NATIONAL ADMINISTRATION

National administration: General ohara c terlsties* Modern public administration in Finland has its roots in the period of autonomy of the past. From the Swedish period, there has been inherited the principles of self*- government and governmental decentralization. Also, from the early period, there has come the tradition of the collegial board for policy-making and administration. 45 v By permitting great latitude in the exercise of administrative authority to the local and provincial governments, as well as to the central bureaus and similar central governmental units, the national government has been able to gain many of the advantages offered by decentralization,4® Notwithstanding the strength of these traditional principles, Finland remains essentially a unitary state,

45 . Paavo Kastari, ,fMinisteriblden ja valtioneuvos- ton toiminnan rationalisoimisesta” [The rationalization of the activities of the minis tries and the Council of Statej, Lakimies, Suomalaisen Laklmiesyhdlstyksen Aikakauskirja, 1 vihko, 1947 (Vammala: TyrvAAn Kirjapaino Osakeyhtib, 1947), p, 32.

4 ®V. Merikoski, Precis du Droit Public de la Finlande, trans. Arvid EnckellHTAssoelation of“pinnish Jurists, Series D, No, 1 , Ius Finlandiae. Helsinki; Suomalaisen Kirjallisuuden Seuran Kirjapaino Osakeyhtib, 1954), p. 46. The national government, through the agency of the Cabinet and the various ministries, ultimately supervises and controls the activities of the local and provincial units, and the various inf'erior central government units; although, in the case of the so-called autonomous units,

this control is not very rigid. 4 7 '

Rational administration: Organization and powers.4® The administrative hierarchy of the Finnish government is

divided into three main categories: (1 ) the central

administration (keskushallinto), (2 ) district administra­ tion (piirihalllnto), and (3) local administration (paikalllshallinto). At the apex of this administrative triumvirate, stands the Cabinet, which includes all the ministers. Immediately below the Cabinet, in the first category of administration, are the ministries. Each ministry is under the direction of a minister (who may share his portfolio with a second minister).

4 7 Supra, pp. B1-&2, and infra, Chap. VII.

4 8 Merikoski, op. cit., Chap. IV; V. V. Merikoski, Suomen julkisoikeus paapiirteitt’din (Suomalaisen Lakimiesyhdistyksen Julkaisuja, B-Sarja, No. 80. Helsinki: Werner Sbderstrdm Osakeyhtib, 1956), Chap, V; and Olavi Koskipirtti, (virastovaltuutettu), Organisaatlokaavioita. (Valt io varainminis teribn j'dr jes telvosas^o; Mels ink!: [Valtioneuvoston Kirjapaino], 1957). 180 The ministries are made up of divisions (osasto)« Most ministries have a General Division (yleinen osasto) and a number of other divisions ranging up to seven in number* To co-ordinate the activities of the divisions, there is a Chief-of-Office (kansllap&Sllikkb). Each division is under the direction of a chief; the Chief- of-Office usually functions as chief of the General Division. The divisions are usually quite small in number of personnel, hardly any having over forty permanent employees and many having less than fifteen. Reporting to the various divisions, and still within the central administration category, are the important central bureaus (keskusvirasto). The central bureaus are designated by various titles and are organized In a manner most suitable for the exercise of their respective functions. The most common designation is that of hallltua, which has been variously translated as administration, board of administration, board, or government. One important example is the Central Board of Education, or kouluhallitus, (lit., "school government")» In many cases, the central bureaus have considerable independence with respect to policy-making within their particular spheres of activity and report to the divisions of the ministry only for budgetary and other 181 general administrative needs and for control purposes.4® Although the collegial body, with a chairman in charge, is the most oomraon form of bureau organization, many of the central bureaus are organized with a chief (paalllkkb) as the administrative head. In the collegial type central bureaus or boards, decisions must be made by majority vote if agreement is not otherwise achieved. In the single-headed units, the chief has authority to make unilateral decisions. In the second category of the administrative hierarchy--the district administration--the provincial government (la’aninhallitus) is the main organizational unit. The provincial government is under the direction of a governor (maaherra) and is staffed with various officers necessary for the administration of provincial affairs and the supervision of the local governments. In this same category are the various distriot units that are under the direct control of the central bureaus, which are only indirectly, or not at all, connected with the provincial government.

4®Professor Paavo Kastari, of Helsinki University, and Second Minister of the Ministry of Communications and Public Works, in a personal interview December 7, 1957, Permission to quote secured. 162 In the third category of the administrative hierarchy are the local governments (which have been described in a later chapter) and the local units, which are directly under the supervision of the central bureaus or the intermediate units of the district administration. The organizational pattern outlined above can be regarded only as a rough sketch that does not necessarily apply to all ministries. The organization of the ministries is dependent, of course, on their respective functions and the degree of independence of the subordinate units. For example, the Ministry of the Education has no divisions as such, although the ministry has a Chief-of- Office; and the various central units subordinate to it, such as Helsinki University and the Central Board of Education, have a large degree of independence. Also, the Ministry of Foreign Affairs has no central bureaus. The various legations and consulates are directly responsible to the ministry. Similarly, central bureaus are not found in the Ministry of Justice, and the Defense Ministry is characterized by a Central Staff (Pa&esikunta) rather than a central bureau. However, it can be said that a great part of the activities of the national government are carried on under the direction of the central bureaus. In addition to the purely governmental and 183 administrative units, there are various enterprises under varying degrees of State supervision. For example, the Postal Savings Bank {Postlsattstbpankkl) is operated as a Government bureau, the Finnish Broadcasting Company (Oy Ylelsradlo Ab) is a joint-stock company controlled by the State, and the State Metals Company (Oy Valine t Ab) is operated as an independent industrial enterprise under State control. Space permits only a brief listing of the major administrative areas and-responsibilities of the various ministries. The Ministry of Foreign Affairs handles affairs concerning the conduct of relations with foreign states, including the administration of the embassies and consulates. Because the President is expressly responsible for the conduct of foreign relations and, as a matter of practise, tends perhaps to participate personally in this field moreso than in other State affairs, the Ministry of

Foreign Affairs has close liaison with the President. 5 0 The Ministry of Justice handles organizational and administrative matters relating to the Supreme Court,

CQ Infra, pp. 189 -192, for a discussion of the conduct of foreign affairs. 184 Supreme Administrative Court, and the Inferior units of the judicial system. It also is responsible for the administration of the prisons, legal preparation of legislative proposals, and the conduct of national elections. The provincial and local governments are under the supervision and control of the Ministry of the Interior. Other ministries supervise and control certain activities of the local and provincial units within their respective fields; however, the Ministry of the Interior is responsible for the general internal administration of the State. Other important responsibilities of this ministry include public health supervision and police administration. The Ministry of Finance is charged with the respon­ sibility for drawing up the budget and recommending finan­ cial and economic legislation, in addition to supervising the customs, tax collections, minting of money, savings banks* activities, and government printing. Parenthe­ tically, it may be noted that the Bank of Finland is inde­ pendent of the ministries and is directly responsible to the Diet. 51 The Ministry of Defense exercises administra­ tive supervision over the armed forces of the nation

si Supra, pp. 100-101. 185 under the President, who is the Commander-in-Chief#5S Most of the educational units of the nation are under the administrative supervision of the Ministry of Education, As indicated above, Helsinki University and the Central Board of Education enjoy a large measure of independent action, although under the supervision of this ministry. The Central Board of Education supervises the activities of most of the schools and educational Institutions of the State including, among others, the folk (primary), secondary, and high schools. Although State grants for education are quite high, there is little interference by the national government in educational administration at the local level, especially with respect to primary education. 53 Also included under the administrative control of the Ministry of Education are various special boards and committees such as the Finnish Academy, the Motion Picture Board, the State Archives, and other similar cultural institutions and establishments. The Ministry of Agriculture is concerned with the agricultural and forest economy, surveying and cartography,

52Form of Government Act of July 17, 1919, Chao. IV, Art. 30; — --- 53uiiXo Kallio, The School System of Finland (fourth edition; Suomalaisen Kirjallisuuden Kirjapaino Osakeyhtib, 1956), pp. 15-18. 186 fishing and wildlife regulation and conservation, and population re-settlement. The Ministry of Communications and Public Works supervises and controls communications, rail, motor, and air traffic, postal service, waterfalls and waterways, harbors, public monuments, and public works. The administrative responsibilities of the Ministry of Trade and Industry Include the supervision of foreign and domestic trade, mining and industry, vocational training, maritime traffic and navigation, and certain fields of public care. The Ministry of Social Affairs is concerned with work conditions and standards, unemployment insurance, public relief, temperance and alcoholic problems, wages, and price controls. The Office of the Council of State, usually under the direction of the Prime Minister, administers affairs relating to the Cabinet and maintains liaison with the Diet. The Economic Advisory Council (Talousneuvoato) and the Economic Policy Planning Board (Talouspolilttinen Suunnittelutolmisto) are under the direction of the Office of the Council of State. It also manages all affairs not practicably assignable to the ministries. Recently, publishing and statistical functions were transferred to the Finance Ministry. Several additional points should be noted concerning national administrative organization. The first point is that the Chief-of-Offioe (kansliap’A'Allikkd) , although a permanent officer and responsible for coordinating the activities of the ministry, cannot be properly compared to the permanent secretaries or career civil service administrators characteristic of the English and French administrative systems. The Chief-of-Office does not have the considerable authority of decision and direction that is enjoyed by his English and French counterparts.®* Instead, he can act only as a co-ordinator of the several divisions within the ministry and bring their common and special problems to the attention of the minister. Any continuity that is preserved in the administration of public affairs in times of ministerial crisis is more likely to result from the stability of the civil service and the apjr eciable authority exercised by the units below the ministerial level, rather than from any considerable influence exercised by the Chief-of-Offioe in the ministry. Another point of interest concerning ministerial organization is that a second minister is often appointed

5*Professor Paavo Kastari, of Helsinki University, and Second Minister of the Ministry of Communications and Public Works, in a personal interview December 7 , 1957. Permission to quote secured. 188 in several ministries. In the present Cabinet (February 1958), second ministers are fbund in the Finance Ministry, the Ministry of Commerce and Public Works, and the Ministry of Social Affairs. The second minister has equal rank with the first minister. In Cabinet deliberations and decisions, the second minister has equal voice and vote. Also, he has full ministerial authority in the administra- 55 tlve area assigned to him within the ministry. Although not true of the present Cabinet, first ministers of one ministry have, on occasion, occupied the post of second minister in another ministry. Notwith­ standing the apparent anomalousness of this arrangement, it apparently has worked out satisfactorily. Another point to be emphasized, which has already been mentioned above in connection with Cabinet procedure, is that many decisions, even though pertaining to a particular ministry, are made by majority vote in the oollegially constituted Cabinet. Furthermore, if a minister considers that any ministerial matter is of far-reaching significance or involves an Important principle, he is obliged to refer it to the full session of the Cabinet. ® 6

5 5 Ibld. Cfi M, E. Koskimles, Hallintokoneistomme (Suomen Lakimiesliiton Kirjasarja, No.- 4. HelsinkiKustannus- osakeyhtiS Otava, 1950), p. 23.

> 189 The conduct of foreign relations* The Constitution states that nthe President shall determine the relations of Finland to foreign powers* w 5 7 The power Is qualified by the requirement that the Diet must ratify treaties Insofar as they have stipulations of a legislative character or as otherwise required by the Constitution* 5 8 Decisions of war and peace, similarly, are made by the 59 President, but require the consent of the Diet* Like most other presidential powers, the actual conduct of foreign affairs devolves upon the Cabinet, and, particularly, upon the Ministry of Foreign Affairs* All communications with foreign powers must be made through the Ministry of Foreign Affairs, which also directly handles all routine matters involving foreign relations and the affairs of the various diplomatic and consular offices abroad* The Ministry of Foreign Affairs does not undertake to fashion foreign policy or determine important foreign policy questions independently, but relies on the Cabinet and the President for the more important decisions* The

57Form of Government Act of July 17* 1919, Chap. IV, Art. 33. — ----

5 6 ibia.

s9 Ibld. 190 more Important foreign policy decisions are determined In the Cabinet In the usual collegial manner that all Cabinet decisions are made.®^ The Committee on Foreign Affairs, one of the regular Cabinet committees on which are repre- sented the Minister of Foreign Affairs and other ministers of the important parties represented in the Cabinet, has the function of preliminarily considering foreign policy matters, which are usually submitted to it by the Ministry of Foreign Affairs. These matters are then further deliberated in the unofficial midweek nnight school” sessions, the non-presidential Cabinet sessions, and finally, in the presidential sessions of the Cabinet. Final decision must be made by the President, who, of course, normally defers to the wishes of the majority of the Cabinet. Foreign policy matters requiring action by the Diet are assigned first to the committee on Foreign Affairs after they have been received in the Diet* Such proposals follow the same procedure in the Diet as ordinary legisla­ tion except that bills involving the adoption of provisions contained in foreign treaties cannot be ,flef t pending,w i.e., held over for re-passage by majority vote of a newly- elected Diet,®^ but can be passed immediately by a simple

6 0 3 upra, pp. 153-158.

6 1 Supra, pp. 126-131. 191 majority* However, proposals involving border changes require two-thirds of the votes oast for enactment* Apparently, the framers of the Form of Go vernment Act of 1919 contemplated a more important role for the Committee on Foreign Affairs of the Diet than it has in fact achieved. Except for the Finance Committee, only this committee is permitted to remain in session during a recess or after the d o s e of the Diet session (with the express permission of the Diet). This constitutional provision would suggest that it was intended that the Committee on Foreign Affairs was to have been consulted on all important foreign matters. In practise the committee has often been neglected or Ignored on many matters of foreign policy. It does, however, review all the reports from the Government relative to foreign affairs* Diet influence in the making of foreign policy is felt more through the consultations of the Foreign Minister and other ministers with leading members of the Diet, who are not necessarily members of the Committee on Foreign Affairs. Ultimately, the Diet controls the conduct of foreign affairs through its power to topple the Government by a vote of no-oonfidenoe raised on a question of foreign policy. 192 In essence, then, the duty of conducting foreign affairs falls upon the shoulders of the Minister of Foreign Affairs, but the more Important decisions are usually the joint product of the Cabinet ministers, vho have taken into account the attitudes of the leading members of the Diet (as well as those of the President and other official and non-official persons and bodies) and the final decision is made by the President*

IV, THE CIVIL SERVICE

The civil service; Characteristics and organiza­ tion, In keeping with the tendency toward decentralization characteristic of Finnish public administration, responsi­ bility for the conduct of activities relating to the civil service personnel devolves primarily upon the ministries and their subordinate units, and the autonomous units. Certain basic laws govern the general qualifications for employment, rights, obligations, salaries, and other matters relating to public employment. However, it cannot be said that there is a truly uniform, centralized civil service system. There is no body approximating the civil service commissions found in the United States or the United Kingdom, nor is there any centralized system for recruiting, selecting, and appointing of civil service personnel. Constitutional and practical authority to make appointments 193 to most administrative posts is entrusted to the President* the Counoil of State* the ministers* the provincial governments* and to the agencies to which the employment belongs,6 2 General qualifications for civil service posts (except for certain technical and educational posts) prescribed in the Constitution include Finnish citizenship*

"ability* capacity and proved civic virtue, " 6 6 In addition* there are general requirements concerning age* sex* facility in the use of the Finnish or Swedish language* and educational attainment. These qualifications* established by law and decree, are essentially the same for similar positions in different ministries. Public announcement of vacancies is made by the unit in which a vacancy occurs in the Official Journal and usually by other public notice. Applicants are given thirty days to present their applications. Certain posts requiring presidential appointment and certain other military and police posts may not be publicly announced, 6 4

62Form of Government Act of July 17, 1919, Chap. X. Art. 8 8 . — ---

6 6 Ibid., Chap. X, Art. 8 6 .

6 <4V. Merikoski, Precis du Droit Public de la Finlande, trans. Arvld InckellHTAssociation of~Tinnish Jurists, Series D, No. 1., Ius Finlandiae. Helsinkit Suomalaisen Kirjallisuuden SJeuran Kirjapaino Osakeyhtib* 1954)* pp. 98-99, 194 For most administrative posts, the authority who announced the vacancy also examines the qualifications of the candidates and appoints one to the post without 65 further formality.w Appointments to certain other posts may be made by a higher authority than the one who made the announcement. There is no well-defined classification or grouping of civil service personnel as in the United Kingdom; however, certain distinctions are made in the manner of appointment to certain offices. The most Important officials are appointed by the President on the basis of an "open letter" (avoln kirje). A second group of personnel are appointed by the ministers or lesser authorities by a "certificate of commission" (toimlkirja). This group Includes police and related posts, and the holder is subject to particular direction and control by the State. The third category of appointments are made under "letters of power" (valtakirja).6 7 This group includes professional and important administrative

6 5 Ibid., p. 99. 66The Geographical Society of Finland. Suomi: A General Handbook on the Geography of Finland (Fenhia No, 72. Helsinki! TKe Geographical Society of Finland, 1952), p. 618. ^Also translated as "letters of nomination." 195 officials not appointed by open letter* Job retention rights are stated in all these letters* The major portion of the appointments to the civil service are made by the functionaries below the ministerial level* Competitive written or oral examina­ tions are not in general use* Evaluation of a candidate's qualifications are based upon his submitted record of education, training, experience, and other abilities* Appeals from the decision of appointment may be made by unsuccessful applicants* Notwithstanding the lack of a formally centralized and uniform civil service, the qualifications, pay, job conditions, and other attributes of particular positions in different agencies tend to be virtually the same* The fact that Helsinki University supplies a large number of the candidates for positions requiring some type of university training in itself tends to uniformize at least the educational background of the applicants* The university records of the candidates obviate the need for competitive examinations to some extent* Furthermore, there is open competition for promotion. Job vacancies are well publi­ cized and any applicant may submit his Personal Record (AnsioluetteloX* which is an official personal record (though retained by the individual) to be studied by the appointing officer* The final appointment is made on the 196 basis of education) experiences and moral and other personal qualities* The detailed listing of qualifications for a position tends to reduce the area of personal judgment permitted to the appointing officer and the appeals of unsuccessful applicants are often made on the grounds that his recorded qualifications are superior to those of the person appointed* It is noteworthy that there is no evidence of a "spoils system" comparable to the early American type in go the Finnish civil service system* Corruption is also notably at a minimpm and morale is generally high* There is no well-defined "career system" in the Finnish civil service system. In actual practise* however, civil service aspirants usually undertake such educational or other special preparation necessary to qualify for a particular position or line of work in the government service. Once they have become permanent employees) they are likely to remain in the government service. Though not mandatory* appointments to most higher positions are made from within the service from among the persons who have demonstrated a capacity for advanced work.®®

®®Professor V. Merikoski* of Helsinki University, In a personal interview December 18, 1957* Permission to quote secured*

6 9 Ibid. 197 There Is no pre-entry training school such as the National School of Administration In France. Pre-entry training and education Is obtained on the candidates own Initiative from the regular educational Institutions of

the State. Post-entry training schools are found to a limited extent In certain governmental agencies such as

the Post Office.7 0 Civil service pay schedules are regulated by law. All occupations are distributed into various pay classes, which establish the base salary and define the amount of longevity Increments. The pension system is uniformly established for all State employees. A full pension, which is approximately

6 6 per cent o f the basic salary at time of retirement, is possible at age sixty-three after thirty years of service. Pensions in reduced amounts are granted after fewer years of service. 71 Compulsory retirement is at age sixty-seven (judges at seventy). Dismissal may occur in the event an official has lost his physical or mental capacity to perform the duties of his office. In the case of judges, a court

7 0 Ibid.

7 1 V. Merikoski, Suomen julklsoikeus pa’Apilrtelttain (Suomalaisen Lakimiesyhdistyksen Julkaisuja, B-Sarja, No. 80. Helsinki: Werner StSderstrbm Osakeyhtld, 1956), pp. 304-310. 198 trial la required to prove auch Incapacity* A special administrative procedure is employed in the case of personnel appointed by letters of power, and the appointing authority may decide as to the loss of capacity of those office-holders appointed under open letters or certificates of commission* The latter groups are similarly subject to dismissal by the appointing authority if they do not deserve the confidence or respect presupposed in their office or if it is otherwise shown to be in the public interest* 72 Also, the President has authority to dismiss certain officers in the military and police forces and in the foreign service* Civil servants are likewise subject to dismissal for malfeasance in office or reprehensible conduct outside of their official duties. Dismissal by disciplinary action may be appealed by the person dismissed to the High Civil Service Court^® unless the decision has been rendered by the Supreme Court or the Supreme Administrative Court In actuality, the civil servant is well protected

72 The Geographical Society of Finland, op, cit,, p* 618. --- The High Civil Service Court is discussed further in Chapter VII, 74 The Geographical Society of Finland, op. cit., p. 618. --- 199 In his rights and tenure, especially the impcr tant middle group of permanent employees (valtakir3avlrkamiehet)» and 75 a court trial Is usually required to oust them* There are no* special restrictions on the right of civil servants to form or join associations or unions* Civil service employees» associations are, in fact, in existence and are actively participating in matters relating to the betterment of the working conditions and pay of civil service personnel.7® No explicit legislation has been enacted prohibiting public employees from striking. At least one authority is of the opinion that certain types of civil service administrative and supervisory personnel concerned with purely governmental functions (as distinguished from commercial, industrial, or service functions carried on by the State, but not inherently governmental in nature) have no legal right to strike, notwithstanding the absence of express legislation on the point* 7 7 Strikes, or threats

75Professor V* Merikoski, of Helsinki University, in a personal interview December 18, 1957. Permission to quote secured. 7®Por example, the civil service employees' associations are presently negotiating with the government for general wage increases* Of., item in Helsingin Sanomat No. 3, January 4, 1958, p. 5 , col. T-g. 77Professor V. Merikoski, of Helsinki University in a personal interview December 18, 1957. Permission to quote secured* 200 of strikes* have occurred in recent years* but the lack of specific laws on the subject has prevented the Government from asserting their illegality* Nor is there any special restriction on political activity by permanent civil service personnel. Curiously enough* high ranking permanent civil service officers often play important roles in party politics* 78 The loyalty of civil servants to their political chiefs has not been a serious problem in spite of the outside political activities of a few permanent personnel.

V. EXECUTIVE AND ADMINISTRATIVE RELATIONSHIPS AMONG THE PRESIDENT', CABINET, AND THE DIET: A SUMMARY

President and Cabinet. In the preceding chapter, a ndualism” was noted in the legislative relationships between the President and the Diet. Another aspect of this governmental dualism is observable in the executive and administrative relationships between the President and the Cabinet. This dualism in the executive branch of the government is an inheritance from the autonomous

78lhe Chief-of-Office of the Ministry of Education is also a Diet member and has been a leader of the National Coalition party; and, the chairman of the Central Board o f Education is important in the Social Democratic party. 79 period. In general, It may be said that all the matters formerly determined by the Russian Imperial authority are now settled by the President, and all administrative matters previously within the competence of the Imperial Senate have now devolved upon the Cabinet.®® The decisions of the President are final in most executive and administra* tlve matters, but, with a few exceptions, they must be made in the Cabinet and come into force only when the Cabinet promulgates and enforces them.8! The net result of this dual distribution of executive and administrative authority between the President, who is not responsible to the Diet, and the Cabinet, which is directly responsible to the Diet, is that a form of checks and balances has developed in the executive branch. Traditionally, the President exercises his authority contrary to the will of the majority of the Cabinet only in times of crisis. That is as it should be; to do other* wise, would weaken the fabric of representative government. It must be stressed, however, that the President does

79 Seitkari, "Valtiosfc&ntbmme perinteet autonomian ajalta" [Constitutional traditions inherited from the period of autonomy], Valtlo ja yhteiskunta, Valtiotie- teellisen Yhdistyksen Vuosikirja, 19^4-1^55 (Vammala; Tyrv&Sn Kirjapaino Osakeyhtib, 1955), p. 34.

8 0 Ibid. 202 actively participate In Cabinet deliberations regularly and in more than a ceremonial fashion. The President’s executive power is further emphasized by the fact of his power to dismiss* without consultations of any kind if he so chooses, the Cabinet or individual ministers in the event of disagreement or refusal to support his decisions. Here, again, tradition obliges the President to consult the important political groups before taking such action, although tradition has not reduced such power to a vestlgal or formal act. In the appointing of higher government officials and conducting the foreign affairs of the State, the President actively shares power with the Cabinet and the ministries. Rather than being regarded as an illogical or an anomalous arrange­ ment and distribution of executive and administrative power, this dualism is held to be a governmental heritage that has given the State strength to survive the political storms that have beset it.®®

The Executive and the Diet. The Diet must rely upon the Cabinet and the President to execute the laws and policies that it has adopted. Diet supervision and control of administration is modified to the extent that the President asserts his independent constitutional powers

82Ibid. 203 to supervise the administration of the State. As indidated above, the President's supervisory powers over administra* tion are real and are exercised regularly, but in such a manner that conflict between the Cabinet (and, indirectly, the Diet) and the President is minimized. Any stalemate resulting from presidential adoption of a stand contrary to the majority view in the Cabinet can be resolved only by a change of attitude on the part of the President (or the Cabinet) or the dismissal of the Cabinet. If the Diet concurs in the matter with the Cabinet, the President is compelled to dissolve the Diet and order new elections. Then, if the newly elected Diet follows the same course as its predecessor, the President has no alternative but to acquiese. The Diet’s will ultimately will prevail, albeit with considerable delay. The above points have been already noted to some extent in the earlier discussion relating to legislative relationships. 83 They apply with equal force to the executive and administrative relationships and, consequently, have been re-emphasized. The special position of the President in the constitutional system is developed even more fully in the following chapter.

8gSupra, Chapter III. CHAPTER V

THE PRESIDENT

To the student of comparative government, the most interesting feature of the Finnish constitutional system, probably, is the office of President. The framers of the Form of Government Act of July 17, 1919, decided to preserve the tradition of the strong executive of the Imperial period and to combine it with the basically parliamentary form of government. To fully understand the nature and consequences of the dualism thus introduced into the constitutional system, the office of President has been studied In greater detail in the present chapter. The president's authority and responsibilities in the executive, administrative, and legislative areas, and his role as Chief of State have been considered. His position relative to the Cabinet and the Diet, especially with reference to his powers of dismissal and dissolution, respectively, has been emphasized. As in the preceding chapter, the sources of information have included the basic laws, authoritative writings, recent periodical and news reports, and personal Interviews with officials and other persons having intimate knowledge of governmental affairs.

204 205 I. HISTORICAL BACKGROUND

The Bolshevik revolution in Russia and the

consequent on December 6 , 1917 did not bring a corresponding radical change in the structure and operation of the Finnish government, includ­ ing the executive branch. The Finns« unlike the French at I the time of the founding of the Third Republic, were not especially fearful of a strong executive. The long period of monarchical control, first by a Swedish Grand Duke and then by the Russian Imperial regime under the Czar, did not create a revulsion in the public mind to the idea of a strong executive to the extent that the framers of the Constitution felt any need for reducing the presidency to a politically insignificant office. On the contrary, the tradition of strong executive control that had developed and which had been incorporated in earlier fundamental laws was re-asserted in the Form of Government Act of 1919. In the autonomous period under Russian control, the Grand Duke (the Czar), through his appointed representative, the Governor-General, exercised substantial powers relating to legislation and appointment; general administrative powers were entrusted to the Imperial SenateIn the republican period, the President inherited many of the

1Su£ra, pp. 31-33• 206 former grand ducal powers, while much of the general administrative authority of the Senate devolved upon the

Council of State, 2 The President's powers cannot, of course, be said to be commensurate with those of the Czar, who was restrained, however, by the force of the old Swedish fundamental law. Nevertheless, the traditional constitu­ tional division of power between the chief executive and the administrative body (and the legislative organ) has been retained in large part. The Finnish disposition to accept a relatively strong executive is further evidenced by the fact that a monarchy was originally seriously contemplated following the achievement of Finnish independence. Only Social Democratic opposition and the fall cf Germany (the new King was to be a German prince) led to the abandonment of the plan.® The personal forceful qualities of the first President, K, J. St&hlberg (1919-1926), have influenced the strength of the position of the President in the Finnish

^0 . Seitkari, ^Valtiosddntbmme perinteet autonomlan ajalta" [Constitutional traditions inherited from the period of autonomy], Valtio ja yhtelskunta, Valtio- tieteellisen Yhdlstyksen VuosTkirja, 1954-1965 (Vammala; Vammalan Kirjapaino Osakeyhtib, 1955), p. 34, ®Ibid,, p. 33; Anatole G. Mazour, Finland Between East and West (Princeton, New Jersey: D. Van Nostrand & Company, Inc., 1956), pp, 58-61; Arvi Korhonen (toimit- taja), Suomen historian kaslklrja (Porvoo; Werner Sbder- strom Osakeyhtlo, 194&J 1, pp, 300-305; and supra, p. 40. 207 government. Following the declaration of independence and the abortive attempt to institute a monarchy, a Committee on Constitutional Law was formed under the chairmanship of K. J. Stfihlberg for the purpose of drafting a new fundamental law. This committee adhered closely to the traditional pattern of political organization that had been already developed in the State and which had been formalized in various organic laws of the early period. Following the adoption of the new Form of go vernment Act of July 17, 1919, K* J, St&hlberg was elected President by the Diet (thus, by a procedure which varied from that prescribed in the new basic law). President St&hlberg was then in a position to implement in practise those precepts that he was instrumental in formalizing in the basic law. In fact, that is what he very effectively did. One example, which has been discussed further later in this chapter, of St&hlberg's strong assertion of presidential power is shown in his persistence in carrying out, in opposition to the Cabinet, a proposal to dissolve the Diet. As a result, the Cabinet resigned and the President then proceeded to dissolve the Diet after having formed a government of officials. These events occurred 208 in January of 1924.4 The traditions defined and followed by President Stdhlberg have had great effect on the position of the President in the Finnish constitutional system.5 Undoubtedly, the succession of economic, political, and military crises that have beset the fledgling nation have had the effect of enhancing the prestige and power of the President. In addition to the political crisis that obliged President Stahlberg to exert his power of dissolution in 1924, other examples might be mentioned. In 1932, President Svinhufvud had to use the prestige of his office in appealing to the people to stop the armed march on the Capital, which threatened the stability and security of the State. President Kallio was constantly consulted In the matters arising out of the negotiations with the Soviet Union that culminated in

the Winter War.7 President Ryti participated in military

^Paavo Kastari, Eduskunnan hajoltus, (published doctoral thesis, Helsinki University, 194d. Suomalaisen Lakimiesyhdistyksen Julkaisuja, A-Sarja, No. 21. Vam- mala: TyrvAAn Kirjapaino Osakeyhtlb, 1940), pp. 214-217.

5 Seitkari, oj>. cit,, p. 33.

6 Supra, pp. 42-45, and Mazour, op. cit., pp, 84-93. ^Various examples of such consultations are found in VAinb Tanner, The Winter War (Stanford: Stanford University Press, 1057), passim. 209 and political decision-making often immediately prior to and during the period* One particularly notable example vas his final decision (acting in the place of the ill President Kallio) to approve the transit agreement permitting the entry of German troops into . Finland in 1940,® This particular decision may have exceeded presidential authority in the manner that it was made (it was known only to a few government and military officers at the time of its making), but it does serve to show that the President is no mere bystander when important affairs of state are being conducted, Marshall Mannerheim was made President by special law in 1944 for the express purpose of actively guiding the nation through its last tragic days of fighting to a conclusion of peace with the Soviet Union, President Paasikivi, similarly, was especially elected to his first term in 1946 so that the nation could avail itself of his able leadership in the period of peace negotiations and severe economic crises in the aftermath of the war. These strong figures on the Finnish political scene did not let the powers of the presidential office languish in their hands. Their decisions may not have always been

®Mazour, op, cit,, p, 136; and, for other examples, see pp. 157, 165^166. 210 the best and some of them are oh&llengeable as to the scope of their authority* but for present purposes* they do illustrate the relatively strong position of the Finnish President in time of orlsls.

II. THE OFFICE: ITS NATURE, FUNCTIONS, AND RESPONSIBILITIES

Electing the President. The President of the Republic is elected for a period of six years from among Q Finnish born citizens. To assure the independence of the o ffice, the framers of the Form of Government Act of July 17, 1919, adopted the American type of electoral college system for electing the President.1 0 Three hundred electors are elected by the national electorate in the same manner and with the same qualifications as members of the Diet. The election of the electors takes place on the fifteenth and sixteenth of January, and on the following fifteenth of February, the electoral college is assembled under the chairmanship of the Prime Minister to elect the President. The vote is by secret ballot. A candidate receiving more than one-half of the votes cast is declared

?Form of Government Act of July 17, 1919, Chap. IV, Art. £&; and supra, p. S'S. ^Seikari, °P» cit., p. 31. 211 elected* If no candidate receives a^aaajority of the votes, a seoond ballot Is taken Immediately* In the event no candidate receives a majority vote on the seoond balloti a third ballot is conducted involving only the two candidates on the second ballot who received the highest number of votes* Tie votes on the third ballot are decided by lot. This electoral college system, which employs a proportional representation vote, has been severely criticized on the grounds that it leads to "absurdity. This is so because an electoral college formed on the basis of proportional representation in a political system characterized by many minority parties must almost inevitably lead to stalemate and indecision on the first ballot. The fact that the President can usually be elected only on the third and final ballot after the elimination of all other candidates except the two having received the highest number of votes on the second ballot tends to create a highly artificial situation and encourages political juggling beforehand. The result is that the person elected President is likely to represent the compromise choice upon whom the various political

^Professor Tuttu Tarkiainen of the Institute of Social Sciences, Helsinki* in a personal interview December 16, 1957. Permission to quote secured. 212 groups have been able to agree rather than a candidate supported by a majority (or even a plurality) of the electorate.Efforts to reform the presidential election system, including proposals for direct popular election, election by the Diet, and an electoral college-Diet combination, have received scant support in the Diet. w The proportional strength of the various parties in the electoral college does not always exactly follow their proportional strength as represented in the Diet. Parties will tend to have relatively greater or lesser strength in the presidential elections than in the Diet elections depending on whether they are able to present a candidate acceptable to voters outside their particular party. For example, the Social Democratic party, although frequently the most widely supported party in Diet

v . elections, tends to lose aome of that support in presidential elections because it is usually unable to present a candidate acceptable to the centrist and conservative groups. ^

^%bran von Bonsdorff, Suomen polilttlset puolueet HyvH. tietaa, No. 7. (Helsinki: KustannusosakeyhtiB Tammi, 1957), p. 6 8 . ^®Tuttu Tarkiainen, Tasavallan president in asexna Suomen par lament t aar is e sea hall 1 tus J'Ar j e s telmSs s S (pub­ lished doctoral thesis, Helsinki University; TyvSskyl'd: K. J. Guramerus Osakeyhtib, 1938), pp. 78-83. 14 von Bonsdorff, oj>. cit., pp. 65-68. 213 Of the eight presidents that Finland has had since the establishment of the present Form of Government Act# five of them had been Prime Minister at the time of their elevation to the presidency.*® This fact, that vigorous political leaders still in the prime of their political careers seek after the presidential office, tends to emphasize the importance and prestige that is attached to that office. As indicated above, the constitutional form for electing the President has not always been observed. The first President K. J. St&hlberg and the late J. K. Paasikivi (for his first term) were elected by the Diet rather than by the prescribed constitutional procedure. Also, President G. Mannerheim was established in his office by special law without a national election.*6 Except for treason or high treason, the President 17 cannot be removed from office. However, there is a constitutional provision that provides that if the President is prevented from discharging the duties of his office, the Prime Minister shall exercise them, and, further, if the disability is a lasting one, a new

1 5 IMd., pp. 64-65.

1 6 Ibid.

*78upra, p. 74. 18 President must Immediately be elected and inaugurated* The praotioal effect of this provision is yet to be tested in its entirety* Similar to the situation in the United States, the question as to vho is to determine the matter of the temporary or permanent disability remains uncertain. Undoubtedly the President can declare his own temporary or permanent disability* This has occurred when the President has left the country on a foreign visit or when he has been temporarily ill. In the absence of a voluntary declaration, it is most likely that the Cabinet would bring the question to the Diet for final determination. Whether the Diet‘could proceed to order a new presidential election, especially if the President were of a contrary mind, is yet unsettled*^-®

Presidential decisions. Unlike the situation in most parliamentary systems in which the President is little more than the ceremonial chief of the State, the Finnish President actively participates in the legislative and executive process* The President makes his decisions,

■^Form18 of Government Act of July 17, 1919, Chap* IV, Art* ££• ^®Professor Tuttu Tarkiainen of the Institute of Social Sciences, Helsinki, in a personal interview December 16, 1957, Permission to quote secured. Also, see Rafael Erich, Suomen valtlo-olkeus (Porvoo: Werner SSderstrbm Osakeyhtib, l9§6) ii, 10-23. 215 with a few exceptions, In the Cabinet, The Presidents decisions may relate to legislative proposals or to executive matters* In general, these matters must be submitted to the President in the Cabinet by the minister within whose competence the problem falls* The exercise of presidential authority in the Cabinet in its constitutional and practical aspects has already been discussed to some extent in the preceding chapters. At this point, it will suffice to cite a few examples of the type of decisions made and actions taken by the President and to point out some likely consequences. The President has refused, on occasion, to approve and present to the Diet legislative proposals demanded by the Cabinet. Furthermore, he has included in legislative proposals content that was not suggested by the Cabinet, or even which it did not support. Many times the President has vetoed (by refusing his approval for a period of three months) legislative bills resulting from propositions of Government or from private members* motions. Administrative decrees that require the President’s approval have been affected both in form and content by the President's consideration of them before their final 216 approval and Issuance* 2 0 Certain other matters decided by the President do not require ministerial countersignature although they may be considered In the Cabinet* Dismissal of any minister or the entire Cabinet fall into this category. Also, administrative inquiries and impeachment proceedings against the Chancellor of Justice or any minister, which are initiated by the President, require no ministerial concurrence* Military command decisions and appointments are made outside the Cabinet. For the most part* the cases of presidential decisions running contrary to the will of the majority of the Cabinet are exceptional* But they do emphasize the real nature of the Presidents powers. Notwithstanding the usual co-operation of the President with the ministers* it is evident that he may make decisions in his own right. What the effect is of this exercise of presidential power in a manner contrary to the will of majority of the Cabinet will depend primarily on the circumstances of the individual case* In the matter of appointment* it is likely that the President will have his way without further

R. Brotherus, Katsaua Suomen valtiolllsen j&rjestysmuodon historlalliaeen kehltykseen (tolnen* u u q i s teVcu painosr porvoos Werner Adderstrdm Osakeyhtib. 1948), pp. 141-142* 217 result. Refusal to approve a Cabinet legislative proposal) or insistence on altering it before approval* is unlikely to provoke serious conflict with the Cabinet if the Presidents position is based upon an opinion of the Chancellor of Justice to the effect that the measure as originally presented is unconstitutional or otherwise contrary to law. However* if matters of political substanoe are involved* the President's action is likely to provoke unyielding opposition from the Cabinet and its possible resignation. In the exercise of his suspensive veto* the 21 President almost invariably co-operates with the Cabinet. Even though many of the vetoed bills had originated in the Cabinet* unacceptable changes in substance or form while passing through the Diet have given rise to vetoes.22 Vetoes of bills of whatever origin are commonly based upon opinions of the majority of the Cabinet or the Supreme Court or other judicial authority to the effeot

21Ibld« 22Tuttu Tarklalnen* Tasavallan presldentln asema Suomen parlamenttaarlsessa haliltusJkrjesteimaas* (published doctoral thesis* Melsink! University? Jyvkskyl*&: K. J. Oummerus Osakeyhtib* 1938)* p. 168. 218 that the bill la legally defective In subatanoe or form.2® The effectiveness of the presidential veto la shown by tiie faot that In the entire period of the Republic up to QA 1954} only one veto waa overridden. The President la Halted in the exercise of hia right of decision in the Cabinet by the fact that all such decisions sniat be countersigned by the minister who gK reported the matter. It has already been shown that to prevail in the faoe of opposition of the competent minister supported by a majority of the Cabinet* the President is obliged to dismiss the Cabinet and form a new one sympathetic to his viewpoint. It is unlikely that any new Cabinet appointed under these circumstances would be supported by the Diet and the President would then be compelled to take the more drastic step of dissolving the Diet if he chose to ipersist in his deolslon. Even then there would be no assurance that a newly-elected Diet

23Ibid. 24Seitkari, op. cit., p. 35. 2®A civil service reporter is responsible for presenting matters and countersigning decisions in the presidential cabinet sessions that concern the entire Cabinet. Matters of this type include deelslons to dismiss a particular minister or the entire Cabinet. For obvious reasons, it cannot be expected that the ministers should countersign such decisions. Of. Form of Government Act of July ^7. 1919. Chap. IV, Art. 34. 219 would support a cabinet favorable to the President's attitude. In the case already mentioned of President StAhlberg's decision to dissolve the Diet in spite of Cabinet opposition to the plan, the President regarded extreme aetlon as necessary because the democratic process of government was endangered. He considered the Diet as being unconstitutional as formed because an incomplete number of deputies were in attendance as a consequence of the arrest and detention of the Communist deputies on oharges of treasonable activities. The Social Democratic deputies threatened to boyoott the session, also, which would have left an active membership of about 60 per cent to carry on the Diet's activities. Under these circumstances, the President felt it necessary to dissolve the Diet and order new elections.^ An interesting oontrast is found in the effect of the first dissolution of the Finnish Diet when compared with the first and only dissolution of the Chamber of Deputies of the Third Republic of France in 1877. It may be recalled that the President of Franoe was given the constitutional right to dissolve the Chamber with the consent of the Senate. The Chamber was duly dissolved in

26 wKastari, 0£. clt., pp. 214-217* 220 1877 by the President. His power of dissolution fell into complete disrepute when the succeeding election sustained the majority of the fallen chamber. The power was never exercised again.27 By contrast, the first dissolution of the Finnish Diet by President Stflhlberg firmly established the power as an accepted constitutional practise. The following election results had no significant effect on the matter. The Diet has been dissolved on several other occasions; the most recent in 1953. Economic And financial problems were at the root of it and the Cabinet concurred in the action. In practise* the President does not often assert his own political views in these matters. Decisions to dissolve the Diet usually result from a disagreement between the Cabinet and the Diet over a fundamental issue or because the inoumbent Diet is not regarded as adequately representing the prevailing opinion 28 of the variouswoter groups. Obviously* dismissal of the Cabinet by the President on his own initiative is not a frequent occurrence for the

0 *?__ 'Herman Beukema and Associates. Contemporary Foreign governments (third edition; Hew Dorics Rinehart ft Company, Inc., 1953), p. 109. ^®Pentti Renvall (toimlttaja)* fluomalalsen kanaan- yallan kehitya. Historian Yst&vttln Liiiio. (porvoo: Werner soclerstrBm Osakeyhtib* 1956)* p. 189. 221 reason that any newly-formed cabinet would be unlikely to gain the oonfidenoe of Diet. Cabinet terminations ooour almost always as a result of withdrawal of Diet oonfidenoe rather than through presidential action. Dismissal by the president is usually not required beeause ministers customarily submit their resignations in such oases*

The President as Chief of State. Certain functions of the President of the Republic, seme of which may be performed outside of the Cabinet* are readily categorized as those arising from his position as Chief of state. Upon entering his office* the President dissociates himself from all political associations* He becomes the leader of all the people of the nation and owes allegiance to no particular party. The system of electing the President by an eleotoral college formed on the basis of proportional representation tends to encourage the election of presidents along party lines*29 Notwithstanding this fact and the further faot that several of the presidents arose from the political rank of prime Minister* the office has largely been kept free of political coloring* As Chief of State* the President Is the ceremonial

sovon Bonsdorff, op. cit., pp. 64-68. 222 head of the nation. Ha la primarily responsible for receiving foreign emissaries and carrying on other ceremonial functions of the State* The President is responsible for the conduct of the foreign relations of the State* For this purpose* he relies on the Minister of Foreign Affairs, with whom he maintains close liaison*

Communications with foreign states must be made through the Ministry of Foreign Affairs* Treaties* insofar as they include stipulations of a legislative nature, must be approved by the m e t . Questions of war and peace are decided by the President with the consent of the Diet* The President has authority to grant pardons in particular cases after hearing the opinion of the Supreme Court, or he may reduce a sentence* Waiver of certain provisions of the law may be permitted by the President if the law so provides. This authority is rareHy exercised. Finnish citizenship may be granted to foreigners by the President and he may release Finnish citizens from their citizenship*

The President* as the Chief of State* is Commander in Chief of the armed forces. In time of war he has the authority to transfer his command to another person* Decisions relating to military appointment and matters of command are frequently made without reference to the 223 Cabinet* However, the President usually consults the competent military and civilian personnel in making such

decisions* The appointment of high government officials is the responsibility of the President* Among others, these include the following:30 (1) the Chancellor of Justice and his deputy, (2) the Presidents of the Supreme Court and the Supreme Administrative Court, (3) the members of the Supreme Court and the Supreme Administrative Court (on the recommendation of the respective courts), (4) the members of the Courts of Appeals, (5) the professors of Helsinki University and the Institute of Technology,

(6) the heads and members of the Central Administrative Offices, (7) the Provincial Governors (on the recommenda­ tion of the Cabinet), (8) the offloers of the Presidential Chancellory, (9) the reporters to thf Cabinet, Supreme Court, and the Supreme Administrative Court, and (10) the ministers plotentiary and consuls (on the recommendation of the Cabinet)*

The President supervises the administration of the State* He may make inquiries, or order inspections or investigations of any public body and he may require Information from any public department. Upon representation

3°Form of Government Act of July 17, 1919, Chap. X, Art, 87. ---- 224 of the Chancellor of Justice, the President may order the prosecution of members of the Cabinet by the Chancellor of Justice* Similarly, the President may decide upon

indictment of the Chancellor of Justice and may appoint the person to carry out the prosecution* The President may call the Diet into extraordinary session for a particular purpose and he may determine its duration. He opens and closes the ordinary sessions. He

submits the propositions of Government to the Diet at the beginning of each session and propositions submitted later are done so in his name. The President's important functions of appointing and dismissing ministers, as well as dissolving the Diet and ordering new elections to be held, have already been discussed. Also, his powers to participate in legislative initiation and sanction and to issue decrees in the Cabinet have been treated above. Por the performance of his functions, the President is assisted by the Presidential Chancellory, shich is headed by a Chief-of-Office. Actually, this office is quite small in number of personnel, which emphasizes the fact that most of the President's functions are carried out in conjunction with the Cabinet and the ministries rather than independently by the president and his office staff* 286 III. THE PRESIDENT'S POSITION IN TEE CONSTITUTIONAL SYSTEM: A SUMMARY

The presidency was created within the Finnish constitutional system as an independent unit co-ordinate with the Diet. To assure his independence, provision was made for the election of the President Ibr an established term by a body of electors elected by the people. The President has been endowed with executive and legislative responsibilities that are extraordinary in a parliamentary form of government. This situation developed mainly from the traditional strong executive of the pre-independence period, and has been strengthened by the fact of unstable coalition governments. The strong exeoutive and legislative powers entrusted to the President have not degenerated into mere formal authority. The President actively participates in sessions of the Cabinet and is required to make many of the final decisions upon presentation of matters by the ministers. The decisions of the President are ordinarily in accord with the opinions of the majority of the Cabinet. Decisions in conflict with the will of the majority of the ministers* or of that of the minister presenting the matter, occur usually only under exceptional clroumstancea. The President is limited in exerolsing independent 226 judgment by the fact that moat decisions must be. counter** signed and enforced by the competent minister. If the issue is fundamental in nature, the minister will withhold his signature* A refusal to countersign a presidential measure by a minister is violative of the Constitution and the President is then obliged to dismiss the minister or secure his resignation* Although the President can appoint ministers favorable to his viewpoint to replaoe dissident ministers, it is unlikely that they would receive a vote of confidence from the Diet* The Diet could then be dissolved and new elections ordered* If the succeeding Diet refused to support the re-formed Cabinet, the President would be compelled to relinquish his position with respect to the central issue.

In regard to legislative sanction, the President has only a suspensive veto; however, it is formidable* A newly-elected Diet can bring a vetoed bill into force without presidential approval by re-adopting it in the exact form as the original bill* As a praotical matter, the President's influence is particularly important in the selection and appointment of a new prime Minister and Cabinet* Although he relies heavily upon the Diet groups and party leaders for advice, he has a wide area of independent judgment in selecting » the Prime Minister and other ministers* 227

The President'a participation in the conduct of foreign relations and in military matters is also appreciable and perhaps to an extent unusual in parliament tary governments. As the leader of the people, the President's position is unchallenged* It appears that the "dualism" that has been incorporated into the Finnish constitutional system in the form of a strong President superimposed upon a parliamentary system of government has not worked to the disadvantage of the system. This dualism, which is reflected in two aspects, one in the legislative relationships between the President and the Diet, and the

other in the responsibility of the Cabinet to the Diet, but still largely dependent upon the decisions of the Independent President, has served as a stabilizing force rather than as a force tending to stalemate. In any event, the tradition of the strong executive is regarded as a political heritage of value* CHAPTER VI

POLITICAL PARTIES AND NATIONAL ELECTIONS

Political parties provide the primary dynamic and co-ordinating force in a democratic system of government. In a parliamentary system characterized by coalition governments, the relations among the parties become crucial to the problem o f maintaining the stability of the State. The present chapter has been devoted to a study of the organization, characteristics* and basio principles of the more Important parties in the Finnish political milieu. The areas of agreement and disagreement among them have been surveyed to show the underlying problems that have created the present (February 1958) stalemate (the reins of goverxment are presently in the hands of a "government of offlcials>” or caretaker cabinet) and to cast some light on what the future holds. Political leaders and other informed persons have been consulted to gain fresh viewpoints concerning the problems and outlook for the particular parties. Recent authoritative writings (which are few in number), party publications and literature, and current news items have provided the bulk o f the information needed. 228 229

In addition, national elections, primarily Diet elections» have been deaoribed and analysed* Material issued by the Finnish Bnbassy in Washington, D* C., and other official sources and authoritative writings have supplied the basic material for this subject.

I. THE PARTIES: BACKGROUND

The Social Democratic party* Oldest among the six present-day parties in the Finnish politioal picture is the Finnish Social Democratic party*1 The party was founded in 1899 under the name of the Finnish Workers party (Suomen TySvttenpuolue) and it assumed its present name in 1903* The Social Democratic party has had a tumultuous history. It achieved early popularity with the masses through its leadership in the general strike of 1905 and the Co-operative Movement of that period* In 1916, in the pre-independence period, the Social Democratic party gained 103 of the 200 seats in the Diet, the only time in recent Finnish political his­ tory that an absolute majority was achieved in the Diet* Because of the radical proclivities of certain elements in the party and a tendency to align themselves with the

^Some of the Finnish names of the parties and a brief introduction to them has been given in Chapter II. PP. 84-90. 230 revolutionary group assuming power In Russia, the Social Democratic party became divided as to its alms* As & consequence, it lost its absolute majority in the election prior to the declaration of Independence on December 6, 1917* During the tragic CiVll War of 1918, the radical left wing of the Soolal Democratic party led the Red Guard in their savage struggle against the White Guard, which was supported by the conservative, bourgeois, and peasant Q groups. After the failure of this radical group to establish a workers' republic, some of the group left the Social Democratic party and formed the Communist party. The Social Democratic party lost more Diet seats in 1922, dropping from eighty to fifty-three Diet seats, caused by the withdrawal of the Communist group and loss of popular support resulting from the Civil War* The party gained in strength, with minor exceptions, up to and Including the election of 1939, at which time it won eighty-five Diet seats* The Communist party had been outlawed from 1930 to 1944, which partly aocounts for the Social Democratic gains during that period* In 1945, the Social Democratic party suffered severe losses once again to the re-formed Communists, now under the banner of the Finnish Peoples Democratic Union

2Supra, pp* 39-40. 231

(SKDL), which also Included other leftist groups* In 1948* the Social Democratic party made a slight comeback and has since maintained a constant strength* From the early Marxian doctrinaire political philosophy of its formative period* the Social Democratic party has evolved a practical approach to mod ern-day politics* Plagued at times by the extremist activities of its Communist fringe* the Social Democratic party has managed to adhere to orderly parliamentary and democratic practises* Following 1937* the party has co-operated with the centrist parties (perhaps suffering some loss of vitality in so doing)* particularly the Agrarian Union* in the formation of cabinets* This increasing moderateness is in na small measure owing to the leader­ ship of V&inb Tanner* who also played a leading role in the consumers1 Co-operative Movement*3 Because of pressure from the soviet Union, Tanner (who was Foreign Minister during the Vinter War) was forced to withdraw from political activity following the Second World War* and was Imprisoned as a "war criminal1' until 1949* More recently* he has regained his position of leadership in the Sooial Democratic party and is presently its Chairman*

3Sup na. pp, 22-23. 852

Under Prime Minister Fagerholm, the Social Democratic party formed a minority government from July* 1948 to March, 1950, One of its primary tasks at that time was to resist political pressures exerted by the Communist- front organisation, the SKDL. In recent years, the Social Democratic party has been evolving new pollSiei?; and programs that include an emphasis on the immediate betterment of the condition of the worker as well as the long-range goal of a socialistic society.^ This new orientation has enabled the Social Democratic party to co-operate more fully with the centrist parties in the Government. Increased conoern with the

Trade Union and Co-operative Movements are other aspects of this new attitude. Recognising the need for cultural and educational development of the worker, the Social Democratic party has extended its activities into a variety of educational, cultural, athletic, and similar fields.

In 1952, the Social Democratic party adopted a new charter that recognised these new developments. The new charter expressly abjures the resort to other than peaoeful and parliamentary means to attain the socialist goals

Oittinen, “The Ideological Development of t.fra Social Democratic Labour Movement In Finland" [Helsinki: Social Democratic party, n.d.], p. 21. (Mimeographed.) 255 (which the former charter— the Forasaa Charter— did not), In effect, the Soeial Demoo ratio party haa forsaken ita earlier position as a party of the opposition for the

more positive role of co-operation. However, it has not given up ita primary goal: the establishment of a social­

istic, planned economy*5 The Social Democratic party has its main support, of course, In the trade unions, although, some rural wage-e&rners, small farmers, lower grade civil servants, and small urban businessmen can be counted in the g membership. Thus, it can be described as an economic class party* Trade union members are not collectively represented in the party, as in England and Sweden, rather, they belong as private individuals. Nor do the trade unions have any direct connection with party finances. However, Communist activities in the trade unions have forced many trade union questions into the political arena for determination.7 Any direct connection with the co-operatives is also denied; however, here again, there

5Ibid., pp. 25-28. 6Mr. Kaarlo Pltsinki, Secretary of the Social Democratic party, in a personal interview January 28, 1958. Permission to quote secured. 7Ibid. 254 may be a close identity of membership and officers in the a party and the co-operative organisations. The Social Democratic party is presently undergoing a severe internal struggle. A minority group known as "Group 94" (or Skogilaiset, in the Diet) has established its own organization and newspaper (Pdlv&n Sanonat) and has gained complete control of the Finnish Federation

of Labor (SAK) and other organizations associated with the Social Democratic party* The split widened when five of

the opposition members joined the recent coalition

Cabinet of Prime Minister Sukselalnen, which led the V Social Democratic majority group to provoke a vote of no-eonf ldence that toppled the Cabinet***

The underlying issues in the struggle are not clearly evident, although, disagreement over Industrial and wage polioles and personal struggles for power are Important factors. There is also a feeling on part of some of the membership that the present leadership has failed to maintain truly dynamic socialist policies and spirit and can no longer satisfy the basic needs of the membership* There are also some undertones of Communist*

®Ibid« 9Supra, pi 140. 255 sympathisers* Influence apparent* The outcome of this conflict cannot easily be predicted, at least until after the summer (1956) election*

The union,10 Second only to the Social Democratic party In terms of popular support, the Agrarian

Union has led all parties In terms of the number of cabinet posts, Including prime ministerships, tbat it has held. It was formed in 1906 to promote and protect the interests of the impoverished and distressed small farmers, tenants, and other rural underprivileged groups* Historically, the Agrarian Union lays claim to having fought for Finnish independence, opposed the plan for the introduction of a German monarch to head the Finnish nation in 1918, opposed the semi-fascist Lapuans In the 1930*s,11 sponsored various agrarian reforms,

10Party officials would prefer the Finnish title Maalalsllitto to be translated as "Country Peoples Union" rather than as "Agrarian Union" so as to signify that the party is supported hy various categories of rural inhabitants, not only fanners as such* However, the tens "Agrarian Union" is common in current usage in English texts, so it lias been considered best to continue that usage to avoid confusion, ^Thls claim is not entirely justified. It was the Social Democratic party that actively opposed the pro- Lapuan members of the Government and the Diet. There is little evidence to show that the Agrarian Union members of the Diet vigorously opposed the Lapuans (who were primarily farmers and rural inhabitants)* 236 supported the nation in its struggles against the Soviet Union* and provided much of the leadership in the post-war 12 period of re-construction and stabilisation* Today, the Agrarian Union is beat described as a class party of the center* The oharacter and programs of

the party have been fashioned in accordance with the purpose for which it was founded: the improvement of the

condition of the farming and rural population. To accomplish its aims* the Agrarian Union has fought for land reforms,

"internal colonisation," i.e.* re-settlement* maintaining a sound balance between the prices of agricultural and

forest products and industrial goods, the development of

agricultural production* the development of agricultural co-operative activities* and the promotion of the welfare of the rural people.*®. In foreign policy* the Agrarian Union has staunchly supported the "Paaslklvl line," which* in essence, means

the promotion of good relations with both East and West, and a form of armed neutrality with military assistance from the Soviet Union in the event of attack by any

foreign power. Although not pro-Communist, the Agrarian

18Matti Tuovlnen, "Maalalslliton teot puhuvat" (([Helsinki: Maalalsllitto], 1956), p. 1. (Mimeographed.) *®Maalaisliitto, "Maalalsllitto, the Country Peoples' Union" ([Helsinki:] Maalalskuntien Liiton Kirjapaino, n.d.)* p. 2. (A party pamphlet.) 257

Union has enjoyed the trust of the Soviet Union because of its strong support of this polioy• It has been claimed that the Agrarian Union’s primary concern with the small farmers' Interests have made it difficult for the party to find common ground with the other parties and has, therefore, proved to be a devisive force in Finnish politics.14 This conclusion is disputed by the party* which claims that it is concerned with, and enjoys the support of, almost all groups of the rural population with the exception of a few larger land­ owners. For that reason, it must have a program that has fairly general appeal and which will permit co-operation with the otherpolitical groups in the Diet.16 The present leader of the Agrarian Union is V. J. Sukselainen, who was Prime Minister of the coalition government that resigned in November, 1957. President Kekkonen was the most important leader of the Agrarian Union in the post-war period before his election to the presidency. During that period he held the post of Prime

14Royal Institute of International Affairs, The Scandlnayian States and Finland; A Political and Economic Survey (London; koval Institute o T international Affairs, 1961), p. 105. 16Mr. Mattl Tuovinen, Scoretary of Infonnation of the Agrarian Union, in a personal interview January 22, 1956. Permission to quote secured. ese Minister on five occasions, the duration of which totaled

almost five years. In a nation that has two-thirds of its population

living in the rural areas and almost 40 per oent of the

population dependent upon agfieulture and forest husbandry as a means of livelihood, it is apparent that the Agrarian Union will continue to be one of the leading parties. If stable and effective government is to be achieved, it must continue ita participation in the cabinets and it must

further broaden Its limited agrarian viewpoint.

The Finnish Peoples Democratic Union. The SKDL, whioh is the Finnish abbreviation for the Finnish Peoples Democratic Union, is the present-day grouping of the

Communists and other extreme left elements. The original forebearer of the SHDL was the Finnish Socialist Workers party (Suomen Sosiallstinen Tybvaenpuolue). which was the extreme left wing of the Social Democratic party in 1920. The Finnish Socialist Workers party was dissolved.through legal action in 1922 because of its disruptive tactics in the Diet. It re-appeared in the Diet election of 1924, securing eighteen seats, nine less than in 1922. After slight gains in 1927 and 1929, the Finnish Socialist Workers party was forced out of existence as a result of £39

legislation enacted during the Lapuan period In the 1950* The Social Democratic party benefited by getting many of the Communists ' votes In the next four general elections.

In 1945» the Communists, having regained legal respecta­

bility, joined forces with the former extreme left of the

Social Democratic party under the banner of the Finnish Peoples Democratic Union. In that year, this Democratic Union group received 23.5 per cent of the total votes, and won forty-nine seats In the Diet*

During the period from 1945 to 1948, the Democratic

Union participated in the two common front or "non-partisan1*

post-war governments of J. K. Paaslklvi (who functioned as a non-partisan prime minister although he had earlier

been associated with the National Coalition party). This "fed-green" (punamulta) front generally favored co-operation with the Soviet Union, strict observation of the terms of

the Anaistioe Agreement of 1944, and the re-building of the lg nation's economy.

Friction between the Democratic Union and the other parties as to the manner of carrying out this program led to the breakdown of the coalition. In particular, excesses

^Suomen Kansan Demokraattlnen Lilt to, SKDLin, Sosialldsmokraattlsen Ja Maalalsillton eduskuntaryhml en jfhteistytfaopimus fgelslSkT: Rir japaino fapo Osakeynfcic, l»45j, pp. 2-8. 240 of the Conmuniflt Minister of the Interior Lelno In attempt*

ing to re-organise and control the State Security Police

by staffing It with pro-Communist personnel created popular

apprehension and conflict In the Government• The threat

of a Communist coup d tetat in 1948 led to a vote of no* confidence in Minister Lolno and his forced dismissal from the Cabinet* The State Security Police vas disbanded. The general emotion in the summer of 1948 resulted in a

moderate deoline of Democratic Union strength. After

making up a little of that Iobs in 1951* the Democratic Union has since maintained a relatively strong degree of popular support* The SKDL was formed for the purpose of gathering into one common parliamentary group the Communist party

and a variety of independent supporting organizations-*

"fellow travellers•" Consequently! the doctrine and

programs of the SKDL cannot be entirely accurately desoribed as being completely identical to those of the Comnunist party* However, for practical purposes, the Communist party dominates the SKDL and its policies. The use of the SKDL permits the Communist party to draw to its support persons and organizations who have no wish of Cor who are prevented from) identifying themselves completely with the Communists. 241 The primary objective of the SKDL in the area of

foreign policy haa been the development and maintenance of

friendly relations with all foreign powers, "above all the

Soviet Union.This is essentially the "Paasiklvl line," of which the SKDL claims authorship, and which it further states represents the present official policy of the 18 Government of Finland. Other declared points of SKDL policy include the

achievement of complete "democracy” in the nation, r efom of the system of distribution of essential economic goods to the masses, reform of the system of landownership and

the tax structure, protection of the workers1 rights to a

means of livelihood, recreation, and education, the re­ organization of the civil service and the governmental structure, re-organization and democratization of the armed forces, and the promotion of the peoples1 cultural

development.^® However such policies are phrased, they

17Suomen Kansan Demokraattinen Liitto, SKDLsn, Soslalldemokraattisen ja Maalalslllton eduskirafcaryhmlen (Helsinki: klilHapalno fraoo Oaakavhtlri, 1945), p. 5.

18Mrs. Hertta Kuuslnen, Chief Secretary of the SKDL and Chairman of the SKDL Diet group, in a personal interview February 1, 1958. Permission to quote secured. 19Suomen Kansan Demokraattinen Liitto, SKDLsn OhJelma (Lahti: Lahden TybvUen Kir japaino OsakeyhtTb, 1951), pp. 1-15. 842 mean in essence the establishment of a Communist state* either by parliamentary or other means* and the destruction of the capitalist* bourgeois society and democratic government in the Western sense* The present declared policy of the Communists is to rely primarily on parllamentary methods (in common with the other assoc lated groups in the SKDL) and other legitimate means to achieve its goals. In the trade union field* strikes may be used to apply economic pressure. It is claimed that the use of armed force and other violence, which has on occasion characterized Finnish domestic history* is resorted to only as a defensive countermeasure to oppressive action by the bourgeois and capitalist groups * directly or through their control of the government*^ However* experience with Communist taotics of violence and intrigue is too fresh in the Finnish mind to permit the majority of the Finns to be lulled into a state of somnolence concerning the means and motives of the Communists.

Probably the most important leader of the Finnish Communist camp today is Mrs* Hertta Kuusinen, daughter of

20 .. _ Mrs* Hertta Kuusinen* General Secretary of the SKDL and Chairman of the SKDL Diet group* in a personal interview February 1* 1958* Permission to quote secured* 243

Otto W. Kuusinen, who headed tha puppet "Democratic Peoples Government" set up by the Soviet Union when it invaded Finland in 1939, Mrs* Kuusinen is the Chief Secretary of the SKDL and Chairman of its Diet group* In 1948, she was Minis ter-without-portfolio in the Cabinet of Prime Minister

Pekkala*

The National Coalition party. At the right of the

Finnish political spectrum is the National Coalition party*

Founded in 1918, it was the successor to the Old Finns party, which had been the implacable foe of the rising socialist political forces after the turn of the century and which had advocated the institution of a monarchy in

Finland following the Civil War of 1918. The National Coalition party continued the conservative policies of its predecessor, which included the advocacy of nationalism, individual free enterprise, and the promotion of Finnish culture* During the period of the antl-Communist movement in the 1930's the extreme right wing of the National Coalition supporter formed the reactionary and authoritarian National Patriot*» party (IKL), which tended to place the stigma of reaction on the National Coalition party.21 The National Coalition party held three prime

21Supra, pp. 42-45, 88. 244 ministerships daring the latter phase of the war with the Soviet Union, but with the exception of four ministers in the short-lived Tuomioja cabinet in the ikatter part of 1953 and early 1954, the party has been excluded from participation in the Government in the post-War period. In this period, the National Coalition party has been on the decline In terms of popular support and Diet strength. At present, it ranks as the fourth largest party. The present program of the National Coalition party generally follows the conservative line,2® including individual freedom, a social market economy (soslaallnen markklnatalous)2g and Individual free enterprise. In present-day Finland there are no truly reactionary parties. Even the conservative line of the National Coalition party has been fashioned to accommodate the basic social and economic needs of the Finnish population. The party draws its Important support from the leaders in finance, business, and industry, the managerial and supervisory classes, government employees, the small

2%onsallisen Kokoomuksen Keskustoimisto, Kokoo» QhJolman uudet plirteet (Helsinki: Suomalafsen Airjallisuuden Klrjapalno osakeyhtiB, 1957), pp. 2-19. p « It is further stated in the party literature that a "social market economy" is that form of economy advocated by Prime Minister Adenauer of the West German Christian Democrats, business man* and other middle-class groups* Numerically, the National Coalition party oan show that its largest single group of supporters is drawn from the agricultural population: landowing farmers and the farm labor supervisors.24 However, it can hardly hope to compete with the Agrarian Union for the votes of the bulk of the agricultural population.

The Finnish Peoples party. Most recent among the Finnish political parties is the Finnish Peoples party, which was formed in 1951. This party does have political antecedents, being the direct successor to the Progressive party, which, in turn, succeeded the Young Finns party in 1919.

The Finnish Peoples party is a liberal party of the center. It has no severe ideological bias, rather, it advocates a liberal Finnish view of affairs that is based upon a Christian outlook and which stresses personal freedom and democratic principles.2® The party emphasizes individual freedom of thought rather than adherence to any well-defined practical political program or philosophy.

24News item in NYkyp&lvtt [Helsinki], Ho. 10, October, 1957, p. 4, col.1-5... ^Monthly newspaper of the National Coalition party.) 2eO*dran von Bonsdorff, Suomen poliittiset puolueet (Hyv*A Tietas, No. 7. Helsinki: Kustannusosakeyhtib fasmi, 1957), pp. 8-17. It endeavors to bring together those persons of broad liberal outlook for the common task of building an integrat­

ed society. It appeals to the more intellectual groups of Finnish society: the educators, government officials* small businessmen, supervisory classes, and similar groups.

In proportion to its numerical strength, the Finnish Peoples party has been relatively successful in securing posts in the Cabinet. As a conciliator among the larger parties, the Finnish Peoples party serves in a valuable role. Its present leader is Professor Armas E.

Saari, of Helsinki University.

The Swedish Peoples party. The Swedish Peoples party was founded in 1906 for the purpose of promoting and protecting the Interests of the Swedish-speaking minority. The party has had to broaden Its original conservative outlook to gain the support of new and growing economlo classes that arose from the changing economic and social conditions of the nation. No longer does it represent a fairly well-integrated group of government officials, educators, landowners, and similar educated and privileged classes. Today, it must present a program acceptable to the industrial worker, businessman, and a variety of other groups. The cultural and social interests of the Swedish- speaking citizens is still paramount, but such interests 247 no longer coincide necessarily ilth their economic interests. As a consequence, the Swedish Peoples party is compelled to offer a political program that must go beyond the conservative bounds of the past* The proportionate decline of the Swedish-speaking population in relation to the remainder of the Pinnish population has lessened the Swedish Peoples party's strength in the Diet; however, it continues to supply a disproportionate number of ministers to the Cabinet. Even more so than the Pinnish Peoples party, it has served as a conciliatory force in the many coalition governments* Ralf Tbrngren is the present Chainoan of the Swedish Peoples party*

XI. PARTY ORGANIZATION

The organizational structure, in basic outline, of the six major Finnish political parties are sufficiently alike to warrant a common discussion of than.®® The

26 von Bonsdorff, op. cit*, pp. 42-45; Kansallinen Kokoomus, SgjUmgt (Helsinki: Eanppalehti Kirjapaiho OsakeyhtidTTlM?), pp. 5-15; Maalaisliitto, Maalai alii ton puolueohJclma sekjL JArjestSsaannSt (Helsinki! KaalaTs-— Kuntien Liiton Eirjapalno Osakeyhtib, 1951), pp. 51-151; Erkki Salonen (toimittaja), MitA-MissA-Milloin, 1952 Helsinki; KustannusosakeyhtlSOtava, 1951), pp. 110-112; and Suomen Soslalldemokraattinen Puolue, SAAntbkokoelma (Helsinki: TySvlen Kirjapaino Osakeyhtlb, 1064), pp. 5-47. 248 parties are obliged for practical reasons to continuously maintain at least a skeleton organisation for the purpose of presidential and local elections as veil as Diet elections because of the need for continuous "education" and encouragement of their supporters* A simplified outline of organisation is shown in Figure 3, page 249. Even the Democratic Union, which Is composed of the Communist party and many associated organisations, has a structure that fairly closely follows that shown in the figure* No attempt has been made to show the structure of the Communist party, Itself, or of its affiliated organisations• The Party Conference is the ultimate decision- making body* In the smaller Swedish Peoples and Finnish Peoples parties, the Conference is convened annually* In the Agrarian Union and the National Coalition party, it is held bi-annually, and in the Social Democratic party the Democratic Union, the Conference occurs every third year. A Council, ranging in number from thirty to eighty members, is elected either by the Conference or by the various organisational units* The Council functions as the permanent policy-making group and ream ins in office usually until the succeeding regular Conference is held* A Central Administrative Board may be elected by the Conference, but usually ia elected by the Council, and 249

PARTY CONFERENCE DIET GROUP CENTRAL (puoluakokoua) (eduakunta ryhnl) ORGANIZATI ON

WOMEN'S LEAGUE YOUTH LEAGUE (naiaten liitto) (nuorton liitto) CENTRAL ADMIN. BOARD (koakuaballitaa)

DISTRICT CONFERENCE DISTRICT (piirikokoua) ORGANIZATION

EXECUTIVE COMMITTEE (tolmlkunta)

ADMIN. COMMITTEE (valiokunta)

COMMUNITY CONFERENCE (kuxmaliiakokoua) ORGANIZATION EXECUTIVE COMMITTEE (Johtokunta)

LOCAL OFFICES (paikalllaoaaotot)

FIGURE* 5 SIMPLIFIED ORGANIZATION CHART OF THE MAJOR FINNISH POLITICAL PARTIES It varies in membership from twelve to thirty-four. The general administration of party affairs is carried on by the Central Administrative Board. At least a portion of

its members are also members of the Council* Probably the moat important single group in the

party organisation is the Diet group (all the party1 a members in good standing in the Diet)* The actual influence of the Diet group in the party organization varies among the different parties* For example, in the National Coalition party, the Diet group wields substantial power both in the Conference and in the Council* Whether the Diet group of the Democratic Union, especially its non-Communist members, wields a similar authority in the SKDL organization is debatable* Usually some Diet members are elected to both the Council and the Central Administrative Board in most of the parties*

At the provincial level, all parties have distriot i organizations, which ordinarily include a policy-making eonmittee and an executive or administrative committee* One district organization is usually found in each province, while in the more populous or expansive provinces, two or more district organizations may be fcund. District organizations are not maintained in the £land Islands, except by the Swedish Peoples party* On the other hand, . ~iri— . J - V / W " ” —— '• T*tr— THW'I'

261 this party maintains only a total of four district organise* tlons, which are located in the Swedish-spa rising areas* Below the district level, the parties maintain local or community organisations, which range greatly in number depending upon the sise of the partiea and upon the territorial and population needs of the community* For the purpose of election campaigning, temporary units (not shown in the figure) are fomed at the local level, whioh correspond roughly to the precinct organisa­ tions in the United States. These precincts (tukimles-

verkko) are headed by a leader, or captain (tuklmlespAAI1lkkti), who is assisted by volunteer'campaigners (tuklmiehet). The larger parties have affiliated associations for women and for youths, and may have additional associated organisations for agriculture, wcrkers, and other special groups. Financial aid may be extended by the central organisations to needy looal units, but ordinarily it entails no significant interference in the affairs of the local units.

The parties rely heavily on newspapers and other publications to publicise their policies and programs. The Social Democratic party has the Important dally paper, the Soalalldemokraatti as its major outlet. The Agrarian Union has the daily newspaper Maakansa and, in addition, 252

has a central press bureau in its central office that is maintained by the many supporting newspapers throughout the nation. The Democratic Union publishes a central organ the Kansan Uutlset. a daily paper. The National Coalition party is supported by the important dally Uusi Suomi and other conservative papers. The organ of the Finnish Peoples party is the monthly Suomalalnen and receives support from the nominally Independent Helslngin Sanomat. The Swedish Peoples party has a large editorial support in the many Swedish language papers throughout the country, particularly Hufvudatadabladet. This brief listing is only a part of the parties* journalistic support. Finland has a relatively large number of newspapers and periodicals and many of them are quite vocal in their support or criticism of the different parties.

III. THE BASIC ISSUES

One Finnish observer of the political scene has described the basic premises upon which the Finnish political parties were founded as falling into the follow­ ing categories:27 (l) language grouping, (2) classes of society, and (3) general politics (by which he specifically

27 T a p Bo2fdo5££4 SB* PP* Also, see h f ■ 2*2 ByoluSion^ T the Political Parties in glnlwnd (HelsihETT 1*yOvaen Kirjapalno, T55S), pp. 1-lTT 259 means relations with Russia). Bven, today, it Is in these categories that the basic points of difference among the parties can be found, although the language problem has become of much less significance and the economic olass groupings are of increasing Importance. By the seventeenth century, the language of the Finnish ruling class had become Swedish, while the bulk of the population spoke the less refined Finnish tongue. The development of this language difference was paralleled by a corresponding economic and social cleavage between the two groups. On the one hand, the Swedish-speaking ruling class dominated the governmental bureaucracy, possessed much of the country's wealth, especially in the form of land holdings, predominated in the higher educational institu­ tions, and generally was a privileged class. On the other hand, the large majority of the population was a Finnish­ speaking rural group that possessed little land or wealth, suffered from bureaucratic arbitrariness and abuse, had little opportunity to secure the better governmental positions or to enter the higher institutions of learning, and was inadequately, if at all, represented in the Diet. With the growth of the Finnish nationalistic movement during the Russian Imperial period, the Swedish-speaking Finns were placed in the dllemmatio position of whether to 254 Join the movement and revert to the Pinnlah vernacular (which waa regarded as essential to the development of a Finnish national culture) or to retain their Swedish tongue and minority identity. In large part, they chose the latter course , and near the end of the nineteenth century, they combined political forces under the banner of the Swedish party. The party became the exponent of Swedish nationalism, constitutionalism, and the guardian of the Swedish-speaking minority's rights and interests* The other party formed in the period prior to the parliamentary reform of 1906 on a language and cultural basis was the Finnish party. Adherents of this party were drawn both from the ranks of the educated Finnish-speaking group and the masses of the population, which was primarily Finnish-speaking. It challenged the dominent position of the Swedish-speaking group, first by demanding equal political rights and later by demanding political representa­ tion in proportion to its numerical strength. With the establishment of the popularly-elected Diet in 1906, the Four Estates were eliminated and the Swedish-speaking t group's political representation (it had controlled the nobles and the burgesses) was reduced in proportion to its actual numerical strength. Today, the alignment of the political groups on the basis of language differences still exists, but it is not 255 nearly as pronounced as it was in the pr e -independence days and the early days of tfaa Rejaiblic. Beoanse the. Finnish-speaking group has achieved its basic demand— political representation in proportion to its numerical strength— the language question has no longer its early significance. On the other hand, the Swedish-speaking group, growing proportionally smaller every year in relation to the Finnish-speaking population, has an increasing need to more staunchly defend its minority interests and identity. Because there have been no serious efforts in recent years to curtail the rights and privileges of the Swedish­ speaking group, the language issue can hardly be said to be of decisive Importance in modern Finnish politics. Politico-economic factors came into the picture strongly about the turn of the present century. The Finnish party had already begun to form into conservative and liberal factions. The more liberal element, which was to become the Young Finns in the early days of the Independent republic, was strongly pro-republican and anti-Russian, relatively progressive in their economic outlook. The more conservative group in the Finnish party, although nationalistic in outlook, was more willing to accept compromise in Finland's relations with Russia and did not demand outright independence. In economio matters, also, this group was more conservative, though not extremely so. 256

This group eventually became the backbone of the present

National Coalition party. Party alignment on the basis of economic factors is seen more definitely in the formation in the first decade of this century of the two great economic class parties: the Social Democratic party and the Agrarian Union. With the advent of Industrial awakening in Finland a proletarian class developed, which led to the formation of the Social Demooratie party as part of the international radical, socialistic movement. It was, of course, strongly anti- imperialist Russia and favored Finnish independence, although it was intematlonallstlc basically. Following the Bolshevik revolution in Russia, radical elements in the Social Democratic pa**ty saw the possibility of collaboration with the new Russian regime rather than complete independence. Upon the texminatlon of the Civil War of 1918, the extreme radical elements wlx> had gained control of the Social Demooratie party, fled the country. Moderate leaders have since been able to hold the party to a course of non-violence and have accepted a policy of Achloviog socialistic goals through parliamentary means. Although there has been intrusion Communist or pro- Communist elements into the Social Democratic party at different times, particularly in the 1930's, the moderates have remained in control and have maintained an anti- 267

Communist attitude. The other great claaa party* the Agrarian Union, came into being after the turn of the century. Designed to improve the lot of the rural dweller, the party at first appealed' to the hard-pressed small land-owning farmers, and after the land reforms of 1918, the landless tenants and workers who had recently acquired, or who had hoped to acquire, plots of their own. The Agrarian Union served to rally many of the discontented rural workera under its banner and so to keep them out of the Communist fold. The Agrarian Union adopted a nationalistic and pro—republicgui viewpoint, and was anti-Communist after the Bolshevik revolution. Formed almost entirely on an economic class basis, the Agrarian Union accepted a narrow and often uncompromising economic policy outlook that has led to the betterment of the rural population's condition, but which has not allrays been in the general Interest. Authoritarian elements of the rights in the Finnish political picture have not flourished in the traditional parties. Even during the anti-Communist period of the early 1930's, the National Coalition party refused to tolerate the violently anti-left groups within its organisation. As a result, the short-lived Patriotic Peoples party had to be formed independently to carry out its anti-democratic, as well as anti-leftist, aims. None of the present-day 258 parties have any noticeable extreme rightist elements, either in the political or economic areas* All of the parties, including even the National Coalition and the Swedish Peoples parties, which have small strongly conservative groups in them, have supported progressive social and economic measures. During the Winter War period, all parties (the Communists not then being extant) naturally favored prosecution of the war against the Soviet Union. In the second phase of that war (the Continuation War), the parties of the center and the left were less energetically inolined toward conducting the war because of its apparent futility and tho dubious partnership with Nazi forces. In the post-Second World War years, the political parties have retained essentially their traditional alignment (or that of their forbearers). The Swedish Peoples party is still aligned primarily on the basis of its language group* It probably includes withid its fold, economic groups with a greater divergency of views than any of the other parties. It has probably a small element that is as conservative as any in Finnish political Hi*®* while at the other extreme, it has an extreme leftist group that votes with the left on most economic and social measures, and has on occasion functioned as an Independent faction. The bulk of the Swedish Peoples party be 859 regarded as centrist or bourgeois. The present Finnish Peoples party, a descendant (through the Progressive party) of the Young Finns party, still carries on the traditional policy of fostering Finnish, national culture, though without the narrow zealousness characteristic of the pre-independence days, and it is generally liberal in its outlook* It lacks any distinct economic or political program and, consequently, is not supported by any special economic class. The National Coalition party, today, draws support mainly from the conservative Finnish-speeking population. Although conservative and anti-socialist in its economic policies, the National Coalition has co-operated with the other parties in the many social reforms of recent decades. It la still strongly nationalistic and generally favors a strong executive type of governmental organization. The three doctrinaire class parties today are the Social Democratic party, the Agrarian Union, and the Finnish Peoples Democratic Union (the grouping of Communists and fellow-travellers). Socialist polltloal and economic Ideology still underlies Social Democratic policies and programs, although the party has been co-operating with the centrists groups in recent years. The Agrarian Union has consistently maintained its restricted agrarian outlook and philosophy, which has bettered the mi i.i.HHfinMUHf1 i. ' ]— :'~n:Tr0i^ -TjTTn^--iTrT(f11>n,X n ? r *,^ l^ r l^ J':*

260 condition of the rural population, but which oftan tends to conflict with the general interest. The Communist* dominated Demooratie Union la, of oourae, bound oloaely to the ideology of international communion and consequently can be regarded only as a force devoted to the destruction of Western democratic institutions and the capitalistic structure. The differences in alignment of the Finnish political parties on the question of relations with the Soviet Union are not so discernible today because of the necessity for maintaining a state of friendly co-existence with that nation. The "Faasikivi line," whioh means the maintenance of friendly relations with the Soviet Union (and all other powers) and an armed neutrality supported by the Soviet Union, has been accepted by all parties. Perhaps the only significant difference that might be found today on the question of relations with the Soviet Union would be between the Communists (and the fellow-travellers), on the one hand, and the entire array of remaining parties, on the other hand. The Communists would undoubtedly be shown to favor close collaboration with, if not incorporation in, the Soviet Union if their true policy were made public, while the remaining parties would go no fhrther than is required by the need for co-existence. 861 Notwithstanding this apparent agreement on the attitude toward the Soviet Union, the baslo issue of what the exact relations of Finland with that power will be is not dead* The basic cleavage will re-appear in sharp outline if foreign or domestic events ever require a re­ assessment of the present policy of friendly neutrality• In summation, it may be said that the basic issues that gave rise to the formation of the political parties of Finland still remain the Important focal points of political grouping today. With the passage of time, the language issue has lost some of its significance, although the problem cannot be said to have been solved. Economic issues have become the most significant at the present time. Although the condition of the farm and rural population has been ameliorated somewhat, mainly through land reforms and various social welfare activities, the position of the rural dweller is still far from satisfactory and will be a political issue for same time to come* Furthermore, the post-war development of a large proletarian class due to the rapid expansion of Industry, has created a continuing economic and political problem. Finally, so long as the ideological struggle between Bast and West continues, the issue of Finnish relations with the Soviet Union will ever remain as an underlying issue in Finnish politics. 262 IV. RATIONAL ELECTIONS

28 The conduct of Diet Elect!one. Elections of members of the Diet are regulated primarily by the Diet Act of January IS. 1926, and Law: Election of members of the Diet, June SO, 1956 (Laki: kanaaneduatajain vaalelata, keattkuun 30 paivAng 1955). For election purposes, the nation is divided into sixteen electoral districts. The administrative provinces (lAMnlt) may be fomed so as to include several electoral districts. Thus, Helsinki forms one electoral district and the remainder of the TJusimaa province, of which Helsinki is a part, constitutes another district. Similarly, the provinces of Turku, HSme, and Kuopio each have two electoral districts, Vaasa has three, and the provinces of Kymi, Mikkell, Oulu, Lappl, and the Aland Islands each form electoral districts in themselves. The Aland Islands returns one deputy and the remaining fifteen districts return a total of 199 deputies, which are allotted proportionally to the electoral districts on the basis of the number of their registered inhabitants as determined from the census list of the year in which the election is to be held.

pg A. P. Arvelo, Valtlolllset vaalit: kAsiklrJanen (Porvoo: Werner Sbdersirhm bsakeyhtlb, 1955}, passlm; ""and Finnish Legation, ’’The Finnish Parliament" (Washington, D. C.: Finnish Legation, [1954]), 17 pp. (Mimeographed.) 265 Elections in the electoral district are tinder the general direction of a Central Election Board* which consists of five members end two deputy members. The Chairman of the Central Election Board is selected by the National government. Elections are conducted within the commune * or if it has been sub-divided* in the precincts* In the rural comnunes* an Election Board of five members is appointed by the Municipal Council. In the towns* the Board of Magistrates acts as the Election Board* and it may divide itself and add members to form several boards if the town is divided into more than one precinct* The register of voters is prepared by the local Election Board for its particular voting district. The register of voters is based upon the census list and is prepared according to instructions given by the Minister of the Interior. It Includes all persons residing in the voting district who had reached twenty-one years of age at the end of the year preceding the one in which the election is to take place* Thirty or more voters in the same electoral district can form themselves into a voters' association by presenting a signed document naming a candidate for whom they have agreed to vote to the Central Election Board. Such a voters' association has the right to request the Central Election Board to publish the name of their candidate and 264 to enter it in the combined list of candidates for their district. The purpose of the organization may be declared in the founding document. Similarly, electoral unions can be formed, consist­ ing of two or more voters associations in the same electoral district. This is accomplished by a declaration of the establishment of the union and proper notification to the Central Election Board. The electoral union's list of candidates cannot exceed the number of seats allotted to the electoral district. A voters' association cannot join more than one union, nor can the unions f o m other electoral combinations. Elections are ordinarily held on the first Sunday and the following day in July of the year in which the election is to take place. 8 9 The President may order an election to take place at another date if the Diet is to be dissolved. Elections are held simultaneously throughout the nation. Balloting is secret and paper ballots are used, which are so printed as to facilitate voting for any list of candidates or for independent candidates. Campaigning at the polllng-plaoe is prohibited.

89A regular Diet election is scheduled for July, 1958. 265

The ballots are counted toy the Central Election Board and the names of all candidates are entered on the final list on the basis of proportional representation. Those candidates are elected for each electoral district who have the highest proportion of votes until all the seats are filled that had been allotted to the electoral district. A candidate can represent only that district in which he has received the most votes, even though he may have been elected in two electoral districts. Election results are publicly declared by the Central Election Board, Protests against the election of a deputy may toe made to the Provincial government and appeals may be carried to the Supreme Administrative Court, Presidential elections are conducted in much the same manner as elections to the Diet. The three-hundred seats in the electoral college are allotted to the electoral districts on the basis of their respective populations at the end of the year preceding the year in which the election is to take place. Presidential elections ordinarily are held on the fifteenth and sixteenth of January six years after the preceding presidential election.

Voters1 associations and electoral unions may toe formsd in the same fashion as in Diet elections, A proportional representation system is used in counting the votes, which tends to produce a distribution of voting strength in the 266 electoral college very much like that which occurs in the Diet, The use of the proportional representation system In presidential elections has been criticised as Illogical

and Improper.3 0

General elections in 1948. 1951, and 1954.31 In

the Diet election of 1948. there were 2,415,455 persons entitled to vote. Of these, 1,893,857, or 78.4 per cent, cast their ballots. In 1951, of a total of 2,448,239 persons with voting rights, 1,825,779 cast their votes. This represented 74.6 per cent of the total and a deoline of 3.8 per cent from the 1948 election. A total of 2,019,042 voters went to the polls in 1954, which represented 79,9 per cent of the 2,526,969 eligible to vote. Thus, an Increase of 5.3 per cent over 1951 resulted. This number established a new high for voter participation in Diet elections. It Is evident that popular interest in parliamentary is comparatively greater than in the United States, where voter participation often

3 0 Supra, pp. 211-212. , 31Suomen vlralllnen t lias to, vaalltllasto, 1939- (Helsinki: valtioneuvoston Klr japalno, 1946), passim: Suoyn vlralllnen tilasto, vaalltllasto. 1951 (HelsinEH— Valtioneuvoston Kirjapaino,T:S5SJ ,"passimT*and Suomen vlralllnen tilasto, yuonna 1956 (Helsinki: Valtioneuvoston Klrjapalno, lUSTTT passim. 267

approximates a little ov6 r 60 pdi* cent of th< eligible electorate*

Interest In presidentIa I elections tends to follow

a similar pattern, although,,voter interest is a little less. In the presidential election of 1950, 63*8 per cent, or 1,585,835, of the 2,487,230 eligible voters cest their bAllots. In the election of 1956, 73.4 per cent, or 1,905,449, of the 2,597,738 eligible voters participAted. The urban citizens tend to vote in relatively greater strength than the rural population. The trends of the strength of the parties in the last three elections to the Diet are shown in Table I, page 268* The strength of the Social Democratic party has remained relatively stable in the elections of 1948, 1951, and 1954. It regained in 1954, the one seat that had been lost at the preceding election. The Agrarian Union regained in 1954, two of the five seats it had lost in 1951, and presently ranks only one below the Social Democratic party in the number of Diet seats* In terms of popular support, the Agrarian Union received 2 * 1 per cent less votes than the Social Democratic party in 1954* In 1951, the Democratic Union (the grouping of Communists and extreme leftist elements) regained some of the support it had lost in the 1948 election (in 1945, it won 23.5 per cent of the vote and 49 Diet seats). It maintained this TABLE I ELECTIONS TO THE FINNISH DIET, 1948-1954 (Based on data from Statistical Yearbook of Finland, 1948, 1953, and 1956)

1948 1951 1954 PARTI Votes % Seats Votes % Seats Votes % Seats

Social Democratic .. 494,719 26.3 54 480,754 26.5 53 527,094 26.2 54 Agrarian Union ... 455,635 24.2 56 421,613 23.2 51 483,935 24.1 53

Democratic Union ... 375,820 2 0 * 0 38 391,362 2 1 . 6 43 433,528 2 1 . 6 43

National Coalition • 320,366 17.1 33 264,044 14.6 28 257,025 1 2 . 8 24

Finnish Peoples'}* ••• 102,933 5.7 1 0 158,323 7.9 13 Swedish Peoples •••• 145,455 7.7 14 137,173 7.6 15 140,130 7.0 13 Progressive'}'*.... 73,444 3.9 5

Other ...... 14,529 •8 14,940 .8 8,199 •4

+The Finnish Peoples party succeeded the Progressive party in 1951* 868 position In 1954. The National Coalition party has continued an uninterrupted decline in popular support and Diet strength in 1951 and 1954. The Finnish Peoples party (successor to the Progressive party in 1951) has shown an appreciable increase in public support in the last election» boosting its Diet seats from ten to thirteen. The Swedish Peoples party has been slowly declining for several years (though not shown fully in the table). Its gain of one seat in 1951 was an exception to this trend. The primary reason for this decline is that the Swedish-speaking population is declining in relation to the rest of the nation. It may be concluded that there have been no severe changes in party strength in these recent elections* although the National Coalition party seems to be most definitely on the decline* while the Finnish Peoples party shows the greatest proportional increase in strength.

Party representation in the Cabinet. The relative strength of the parties as represented in the Cabinet is shown in Table II, page 27D. Of the thirteen cabinets from March 1946 to the present time, the Agrarian Union has held a total of sixty-eight ministerial posts. Included among these were prime ministerial posts, which were occupied by Agrarian Union members seven times (by 270 TABLE II PARTY REPRESENTATION IN THE CABINET, 1946-1958 (Based on data from Helsingin Sanomat, October 30, 1957;

CABINET From- To SD AU DU NC FP SP Pf

Pekkala (DU) .... 3/26/46 7/29/48 5 5 6 1 1

Pagerholm I(SD) . • 7/29/40 3/17/50 15 1

Kekkonen I(SD) *. • 3/17/50 1/17/51 1 0 2 + 2

Eekkonen II(AU) • • 1/17/51 9/20/51 7 7 1 + 1 1

Kekkonen III(AU) a 9/20/53 7/9/53 7 7 2 1

Kekkonen IV(AU) • • 7/9/53 11/17/53 8 3 3

Tuomloja (pf) ... 11/17/53 5/5/54 4 3 3 6

Torngren (SF) .... 5/5/54 10/20/54 6 6 1 1

Kekkonen V (AU) .. e 10/20/56 3/3/56 7 6 1

Fagerholm II(SD) • 3/3/57 2/27/57 6 6 1 1 1

Sukselainen I(AU) • 2/27/57 9/2/57 7 3 3 1

Sukselainen II(AU) e 9/2/57 11/30/57 5 6 2 2

von Fieandt (pf) .9 # 11/30/57 15

Total 58 6 8 6 4 1 2 17 34

Keys SD * Social Democratic; ATT • Agrarian Union; DU * Democratic Union; NC • National Coalition; FF ■ Finnish Peoples; SP • Swedish Peoples; and pf ■ professional* The Prime Minister's party is shown in brackets following his name. +The Finnish Peoples party succeeded the Progressive party in February, 1951* 271

U. K. Kekkonen five times). The Agrarian Union has participated in all hut three of the thirteen cabinets during this period. The Social Democratic party has had a total of fifty-eight ministers in the cabinets during these years, only, two of whom were prime ministers. It has participated in eight of the thirteen cabinets. Prom July, 1948 until March 1950, the Social Democratic party had a single­ party minority government. In view of its relatively small representation In the Diet, (see Table I, page 268), the Swedish Peoples party has held an inordinately large number of ministerial posts--seventeen, of which one was the prime ministership. It has participated in nine cabinets.In this period* The Finnish Peoples party, including its predecessor, the Progressive party, has been Improving its position with respect to participation in the Cabinet, showing a total of twelve ministers for the period in six cabinets. With the exception of the Pekkala cabinet from March, 1946 to July 1948, the Communist-dominated Democratic Union has been excluded from cabinet participa­ tion in the period under consideration. The National Coalition party, similarly, has enjoyed little success in gaining cabinet posts except for its limited participation in the Tuomioja cabinet, which was essentially a "caretaker 272 government” rather than a politically active cabinet* The large number of cabinet posts held by professional non­ partisan ministers have been mainly those of the Ministry of Foreign Affairs, except in the Tuomioja and the present cabinets, which had appointed to them many or all non­ partisan professional ministers.

•so V. THE PARTIES AND THE TRADE UNIONS

The Communists have been endeavoring to infiltrate the trade unions since the 1920's. During the hectic years preceding 1930, when it became apparent that the Communist party would be outlawed, the Communists turned their attention to the trade union movement. Several strategic posts were secured in the Finnish Federation of Labor (Suomen Ammattiyhdlstysten Keskusllltto), or SAK. Prior to the Second World War, the Finnish trade union movement did not flourish because of general employer and governmental antipathy to trade union organization and collective bargaining. The rapid expan­ sion of industry, especially the metals and wood processing industries, which created new problems in manager-employee

t ^Yilliam L. Shirer, The Challenge of Scandinavia IBostons Little, Brown & Company, 1955;, pp.“575-375: and Nillo Salomaa, Soalaallnen lainsaadanttt 1a toiminta Suomeaaa (S o a i a a m i M s WiT5n~Julkaiaema7“ ffelslnkl: Valtioneuvoston Kirjapalno, 1954), pp. 21-32. 273 relationships and a drift of union membership toward Communism, wrought a change in the attifcides of the Government and management. Freer rein was allowed to the non-Conmunist SAK and, in 1944, it was recognised as the exclusive bargaining agent for the unions with the Finnish Employers* Federation. By 1947, SAK membership had reached in excess of 340,000 compared to a total of 70,000 menhers in 1939. However, in recent years, because of expulsions and withdrawals of member unions its membership has dropped below 300,000. In the post-war period, the Communists stepped-up their efforts to gain control of the trade unions# They succeeded in capturing control of eleven of the forty affiliates of SAK, including certain key unions* At the national convention of SAK in 1947, Communist strength had increased to such an extent that the Social Democratic leaders of SAK were obliged to share the appointments to the Secretariat equally with the Communists and to give six of the fourteen seats on the Important Executive Committee to the Communists* A two-fronted attaok--one to dislodge the incumbent Social Democratic government, and the other to gain majority control of the trade unions— occurred in 1949. Wildcat strikes and violence became common* A Communist- planned general strike failed to materialise and the 274 Communist-controlled unions were expelled from SAK* Most of these were re-admitted after purging themselves of Communist leadership. Communist control is still found in a few unions, the largest and most important being the Construction Workers (RakennustyCl&isten Liitto). This union, and several others, are at present back in the SAK fold even though they may be still dominated by the Communists. However, the central offices of SAK and its more important affiliates are largely free of Communist influence• The present split in the Social Democratic party between the ^esklsr&iset11 and the "skogilalaet" is reflected in the trade union organization, SAK.3 3 Differences over economic and political policies have created dissension in SAK of such proportion that a split has been threatened similar to the division that occurred in 1929*1930, when the Social Democratic members of the main trade union organization of that time, the Federation of Trade Unions (AmmattiJSrJestb)» withdrew and fonned the pfsssnt organization, SAK, for the purpose of eliminating Communist control. The present split only indirectly involves the question of Communist control, although, any

33An editorial in Pus! Suomi [Helsinki!. Ho. 27, January 29, 1958, p. 6 ; and supra, p. 209. 275 disruption of trade union solidarity would redound to the advantage of the Communist because they would be in a position to entrench themselves firmly in any newly- formed opposition trade union organization. The fate of the Social Democratic party in the forthcoming sromer (1958) eleotion will probably have an important effect upon the outcome of the presentwinter-trade union conflict* The influence of parties other than the Social Democratic and the Communist (or Communist-front SKDL) parties in trade union affairs has not been of great significance* However* it may be noted that the member- i ship of the Confederation of Officials and Civil Servants (TolmihenkilS- ja VirkamiesjttrJestbJen Keskusllltto), or TVK, offers substantial support to the various centrist parties* The TVK has twenty-six affiliated unions representing 65,000 members, the largest of which is the Federation of civil Servants (Vlrkamiesllltto) of about

2 1 , 0 0 0 members* The Finnish Confederation of Trade Unions followed the lead of other Western democratic trade unions in withdrawing from the Communist-controlled World Federation of Trade Unions (WFTU). It bus not Joined the anti­ communist International Confederation of Free Trade Unions (ICFTU) for political reasons, although it sends observers to the world congresses of the ICFTU. 276 VI. SUMMARY

A well-recognized fact concerning Pinniah political parties is the relative sharpness of division among them. The economic, political, and soolal history of Finland has created conditions that have given rise to parties that are essentially single-purposed in nature. The develop­ ment of an industrial, urban working class created the need for political expression that was answered by the formation of the Social Democratic party. The Swedish- speaking minority would have lost much of its cultural identity had not the Swedish Peoples party been organized. The formation of the Agrarian Union was necessary to give direction and leadership to the struggling and impoverished farm and rural population. The National Coalition party has served the Interests of the conservative businessman and others who would preserve the capitalistic economy in the face of socialist threats. The Finnish Peoples party is not so restricted in the nature of its political programs (for practical purposes, it has none), but lacks mass support for that very reason. On the other hand, it would find little reason for joining with any of the narrow-interest parties. The Communist-led Democratic Union has, of course, a program that is a political anathema to the middle-class parties. *■

277 Although the passage of time has healed some of the wounds that resulted from the fratricidal warfare and violence that has characterised Finnish political life at different times, present economic* social* and political conditions have not so developed as to eliminate or substantially reduce the basic issues among the parties. The economic differences* the relations with the Soviet Union* and the cultural viewpoints (primarily the language question) remain the underlying devisive forces In Finnish political life. Notwithstanding their relative singularity of purpose* the parties have co-operated on many of the Important issues before the Nation. A commonness of effort was achieved during the dark days of the war with the Soviet Union and in the difficult period of re-construe tion that followed. The increasing willingness of the Social Democratic party to accept ministerial responsibility augers well for the future. Given relatively stable conditions in international relations and the domestic economy, there is reason to believe that the Finnish political parties will find greater oommon cause In their political efforts. CHAPTER VII

LOCAL GOVERNMENT

Finland has shared In common with Sweden a long tradition of local self-government. In the period of independence, that tradition has been firmly maintained. In the present chapter, the historical traditions and background and the present-day organization and operation of local government have been studied. Brief attention has been paid to the provincial governments, whose activities affect the functioning of local government. In addition, the relationships between the local govern­ ments and the National government have been analyzed. The primary source of reference has been the present laws relating to local government. Secondary sources included the recent authoritative publications of persons and associations concerned with local government. Personal discussions with informed persons have supplied additional valuable inforaation.

278 270

I. HISTORICAL BACKGROUND1

The baai8 of Finnish local self-government was established in the tribal period. The early pagan Inhabitants formed villages* which exercised a primitive form of local self-government. In the course of time* the villages were linked together into parishes. Parochial administration was carried on by a group of trustees chosen by the local inhabitants. The trustees met in council for the purpose of conducting local affairs and settling disputes. When Sweden conquered Finland in the twelfth and thirteenth centuries, a rudimentary form of local self- government had thus been achieved. About this time* the parochial councils evolved Into judicial areas, or ' assizes (karajat). A judge and a judicial board* elected by the people, became both the administrative and judicial organ of the community. The combination judicial- administrative area form of local government flourished until the seventeenth century, when increasing monarchial predominance brought with it a trend toward centralization

^arne Eskola* Local Self-Government in Finland (The Union of Finnish Rural Municipalities and the union of Finnish Towns. Helsinki: Maalaiskuntlen Liiton Kirjapaino, 1954), pp, 7-11; and Pentti Renvall (toimittaja), Suoraalaisen kansanvailan kehitys (Historian YsfdvMin Liito. Porvoo:---- werner Sbderstrom Osakeyhtlb, 1956), pp. 67-74, 280 of government and a corresponding curtailment of local autonomy. The assizes gradually lost their administrative / functions and became essentially judicial units. During the early Swedish period prior to the Reformation, the Catholic Church congregations had developed a system of local administration in which the members participated in local economic and other Amotions. Following the Reformation, this administrative activity was expanded to include many secular matters. These administrative practises became more definitely established and defined by an ordinance of the year 1723. According to this ordinance, a semi-annual meeting of the parishioners-- the Church Meeting--presided over by a Rector, was the central decision-making body. Executive and administra­ tive duties were entrusted to the churchwardens and a

selected committee of nSix Men, 11 who, together with the clergy, formed the local Church Council. Elementary eduoatlon, public health, and poor aid were among the primary concerns of these church groups. This form of parochial local self-government was continued almost without change after the advent of the Russian assumption of power in 1809, During the following half-century, the changing social and economic conditions led to a multiplication of local governmental tasks the consequent need for administrative reform. Under the liberal regime of Alexander II, the Finnish Diet of Four 281 Estates enacted a municipal law for rural municipalities, which was approved by the Emperor in 1865. The development of Finnish town (as distinguished from the local village and rural municipality) rule occurred on a different basis. The town of Turku had been founded as early as 1300, and the second oldest town, Porvoo, in 1347. The Towns Law of 1350, promulgated by the Swedish King Magnus Eriksson, extensively prescribed the administrative organization and functions of these and other towns and, in addition, their civil, criminal, and chancery courts. The principle of municipal self- government was firmly established at this early date. The policy-making body consisted of a general court meeting of the town elders conducted under the direction of, and in co-operation with, the magistrates. Town administration was left mainly to the lay authorities--the Board of Magistrates--although, the parishioners' Church Meeting did concern Itself with elementary education and poor aid. Returning to the Munlc ipal Law for Rural Municipalities of 1865. it may be said that that law first established the outlines of the modern secular rural administrative units. The rural municipalities became established legal entitles to which were transferred all lay administrative functions formerly perfomed by the church parishes. The principle of local self-government 282 was definitely recognized and the rural municipalities were assigned definite territorial areas (which coincided with parish boundaries until 1925). Authority was granted that permitted the rural municipalities to share common administrative functions with the National government within certain statutory limits. The Municipal Meeting was established as the policy-making body, and it was permitted to sub-delegate some of its authority to a smaller group elected by it. The responsibility for the execution and administration of policy decisions was entrusted to a Municipal Board and other subsidiary boards and committees elected by the Municipal Meeting. A similar definition and recognition of the lay and autonomous character of local administration for towns was found in a decree of 1873. In this case, the policy­ making authority was vested in the Town Council when it met in general meeting with the towns inhabitants in the Magistrates Court. Executive and administrative functions were assigned to a Board of Magistrates and appropriate inferior committees. No further major change in the laws relating to rural municipalities occurred until 1898, idien their economic and tax powers were appreciably enlarged and inter-municipal co-operation was expanded. Paralleling the democratic awakening of the populace in national 283 affairs after the tarn of the century, which resulted In the establishment of the popularly elected unicameral Diet in place of the social class-structured Diet of Pour Estates* a similar consciousness of the need for reform in local government developed. However* not until 1917, after independence had been declared, was it practicable to inaugurate new laws concerning the municipalities. The Form of Government Act, itself* stated that "the administration of the communes shall rest on the o principle of local self-government.w The various municipal reform laws that had been enacted in 1917 proved to be inadequate and a variety of amending laws were passed in the following years. Especially noteworthy among these was a law of 1925 that freed the municipal areal boundaries from their former identity with parochial boundaries. Other significant partial reforms related to local taxing powers and elections. In 1927, an Important law relating to town administration was approved. A town-manager system was adopted that placed the economic administration of the towns in the hands of an executive unit, the Town Board. This board had considerable authority to appoint members

gForm of Government Act of July 17, 1919, Chap. IV, Art. 51. — — ---- 284 to and dlreot the various committees required to carry out the local administrative functions, A Town Manager, appointed for an indefinite term, provided the necessary continuity within the Town Board. Assistant Town Managers were appointed in the larger tcwns. At least a majority of the members of the Town Board were appointed annually by the Town Council* In 1932, a major reform of the laws relating to municipal government occurred. According to the law of that year, modernizations were made with respect to inter-municipal co-operation. Enabling provisions were made for the formation of federations of municipalities and the establishment of legal entities for the administer­ ing of common services and institutions. Another law in 1934 expanded the economic and taxing powers of the municipalities and improved control over local finances. The continuing efforts to achieve efficient and democratic local self-government culminated in the Municipal Law of 1948, This law modernized and codified the various miscellaneous laws relating to municipal— both town and rural— organization, status, and operation,

II. LOCAL GOVERNMENT: ORGANIZATIOH AND STATUS

General characteristics. Finnish municipal govern­ mental units fall into three categories: (1 ) cities, 286

(2 ) towns, and (3) rural municipalities. No precise definition is available for these respective categories, rather, their status is a matter of regulation by law and decreeIt may be said, however, that a town is a community that is partly subjected to regulations concerning cities and partly subjected to regulations concerning rural municipalities. 4 The relative distribution of population as among cities, towns, and rural municipalities in 1957 is shown in Table III, page 286. It may be noted that there is an overlapping of population brackets among the three categories, A more important observation is that the majority of the nation's population is governed by the rural municipalities. Rural self-government is obviously a significant part of the governing of the State.

The Municipal Law of 1948 was designed to eliminate many of the differences that prevailed in the organisational structure and practises of the urban and rural municipali­ ties. Some uniformity as to form has been achieved, but the basic structure and practises remain essentially as

3 Ibid., Chap. IV, Arts. 50-51, ^Municipal Law of August 27, 1948, Chap. I, Art. 2. 286 TABLE III NUMBER AND SIZE OF FINNISH MUNICIPALITIES, 1965 (Based on data fron Statistical Yearbook of Finland, 1956)

INHABITANTS TYPE NUMBER

CITIES Above 100,000 ...... 3 50.001— 100,000 ...... 20.001— 60,000 ...... 9 10.001— 20,000 8 Below 10,000 ...... 14 34 TOWNS Above 20,000 ...... 3 1 0 ,0 0 1— 20,000 8 8.001— 10,000 ...... 5 6 .001— 8,000 6 4.001— 6,000 4 2.001— 4,000 3 Below 2,000 ...... 2 31 RURAL MUNICIPALITIES

Above 20,000 ...... 6 10,001— 20,000 ...... 67 6.001— 10,000 ...... 46 6 .0 0 1 — 8 , 0 0 0 62 4.001— 6,000...... 8 8 2.001— 4,000 143 Below 2,000 ...... 71 483 287 before• 5 Municipalities are legally established for the purpose of administering economic and organizational matters of common concern to the inhabitants of the municipality.^ The question as tovfiat extent municipali­ ties can engage in business enterprises is not fully settled; although, in general, it is held that businesses that are operated for the primary purpose of common service to the community, rather than for financial gain, are legitimately within the purview of the municipalities. An increasing number of municipal functions have been made mandatory by statute, although many of them had already been undertaken voluntarily. A clear distinction is maintained between the policy-making and policy-executing functions in Finnish municipal administration. An elected Municipal Council (city, town, or rural), varying in number from thirteen to seventy-seven, is responsible for the majcr policy decisions relating to community affairs. Among the

Council's functions are included the followings (1 ) the

5Professor V. Merlkoski, of Helsinki University, in a personal interview January 22, 1958. Permission to quote secured. But, see Eskola, og. cit., p. 11. 6Munlcipal Law of August 27, 1948, Chap. I, Art. 4.

7Eskola, 0 £. cit., p. 12. 288 appointment of members to the Municipal Board and the committees* (2 ) appointment of the professional* non­ elected officials* (3) approval of the annual budget,

(4 ) examination and approval of audit records,

(5 ) determinations as to the purchase and sale of community property, (6 ) approval of regulations concerning public morals* temperance, public order* and security*

(7) approval of the tax rate* and (8 ) general supervision of municipal administration. With the exoeption of professional officials of either the provincial or municipal governments, all adult members of the municipality worthy of public trust are eligible for election to the Municipal Council, Members are elected for terms of four years by direct, popular election on the basis of proportional representation. Elections are usually fought along party lines* but with much less party emphasis than is found in national elections. Councillors draw no salary, but may receive moderate reimbursement for travel, meeting attendance, or miscellaneous expenses. The Municipal Council is required by statute to meet four times each year and on other occasions when ordered to do so by its Chairman or the provincial government* or it may meet if requested to do so by the Municipal Board or by not less than one-fourth of the 289 Council's members. The Municipal Council electa a Chairman and one or two Vice-Chairmen from its ranks. The relationship of the Municipal Council to the various units in the municipal governmental framework has been shown in Figure 4, page 290. The Municipal Council occupies the significant position in local decision-making and, additionally, it generally supervises and controls the chief administrative unit— the Municipal Board— and the various committees under the direct supervision of the Board. The Tax Inspectors and the Auditors are directly responsible to the Municipal Council, which regularly scrutinizes the reports from these units. The municipal enterprises are under the direct supervision of the Municipal Board and may also be Individually or jointly under the more immediate supervision of a committee. They are, of course, under the ultimate control of the Municipal Council. The Inter-municipal institutions are joint undertakings of two or more municipalities. The degree and manner of the participation of a particular municipality in such joint institutions varies according to the nature of the activity. Frequently, trustees, elected in the same manner as the councillors, may be the municipality's representa­ tive in such undertakings• Before proceeding to a discussion of the Municipal 290

MUNICIPAL COUNCIL COMMITTEE OF (Eleoted) --- 3 TAX EXAMINERS -M ~ J L .... controls Appoints & 1 auditors' controls

1 m u n i c i p a l MUNICIPAL BOARD Supervises _T

Supervises Super- | COMMITTEES+ | rises w e l f a r e h o m e s -gOHBTSK « . YOUTH IN­ WELFARE / — SOME'EARl---- STRUCTION CBILBRCT8"H0MB4 TRAVEL ASSESSORS ' TlMUmRllkTBH ' TSEXE “ESTATE ..T O E D W O " Super- Ro a d s “FOLK SCHOOLS vises RESETTLEMENT" t n . ... CIVIL " ' W H S DEFENSE DEPARTMENT HEALTH INSTITUTES gOSFTTAL'---- FARM dAks I LIBRARIES 1 h t h b h b — STTSTBBOySfiS rAORTCELWifl 1 n m r r w HOSPITAL

I INTER-MUNICIPAL INSTITUTIONS | FORCED LABOR SETTLEMENTS ■ " H B H B S r m ’"JOT® PEOPLE

FIGURE 4 MUNICIPAL GOVERNMENT IN FINLAND (Based on the Finnish Munioipal Lav of 1948, and Aarne Eskola, Local Self-Government in Finland, chart, p. 19.) + In largest municipalities only. *Both required and pemlssive committees vary in number in municipalities of different sizes. Committees may supervise the municipal enterprises, also. No police committee exists; police functions are a State matter. 291 Board and other municipal administrative units, a further word must be added concerning the distinction between trustees and the professional officials, According to the Municipal Law, municipal trustees are defined as those persons elected to further co-operation between the municipalities, members of the Municipal Board, and members O of the municipal committees. Appointed professional . officials in these units are not classed as trustees, but as "communal officials• " The trustees have played an important part in Finnish municipal administration in the past; although, with the increasing reliance on profes­ sional "communal officials" to handle the growing number of complex administrative problems, the importance of the trustees is declining.^ However, many of the rural municipalities still rely almost completely on the non­ salaried trustees. Usually working in collegial fashion, the trustee functions in the Council, on the committees, and in other capacities, both in decision-making and administration. Indeed, the trustee in his collegial group, has been one of the most characteristic features of Finnish municipal government up to the present time,

Municipal Law of August 27, 1948, Chap. I, 4rt. 9. ^Eskola, og. cit., pp. 13-14. 292

The Municipal Board ordinarily consists, in the cities and towns, of a Manager (and an Assistant-Manager in larger cities) and not less than four other members* The Manager is appointed by the Municipal Council for an indefinite term and the other members are elected by the Council annually. The Manager, if there is one, is Chairman of the Municipal Board. In the rural municipali­ ties, the Municipal Board may be made up in a like manner, except that there must be at least five members in addition to the Chairman. Also, Managers are less frequently appointed in the rural municipalities. In such cases, the Chairman must be elected.^ The primary responsibilities of the Municipal Board include the following: (1 ) preparation of all matters to be considered by the Municipal Council (with the exception of special matters declared urgent by unanimous decision of the Council), (2 ) checking of the legality of the decisions of the Municipal Council, (3) participation in committee activities by means of having one of its members serving on each committee, (4 ) review of appeals from decisions of the committees, (5) drafting the annual

Merlk°ski, suomen Julklsolkeus p&apllrtelttain (Suomalaisen Lakimiesyhcfistyksen Julkaisu ja7“T3-Sar ja Ho. 50. Forvoo: Werner S»derstr8m Osakeyhtid, 1956), pp. 210-§18 293

budget> and (6 ) the supervision and review of the activities and decisions of the committees, A major part of the administrative activities of the municipalities is carried on directly by or under the guidance of the numerous committees. In Figure 4, there has been included a variety of the many statutory and voluntarily established committees. Their number, both as to those required by statute and those formed on the initiative of the municipal government, varies with the class of municipality and its size and circumstances. In many of the smaller rural municipalities, where there are only a very few, if any, professional officials, the administrative functions may be performed almost entirely by the consul ttees. In the larger cities and towns, the committees tend to leave the actual administrative tasks to -the salaried permanent secretary of the committee and to other communal officials. In terms of the nature of their responsibilities and the volume of their work, the more Important committees include the Committee of (Social) Welfare, the Health Committee, and the Folk School Committee, Their activities have been discussed below In connection with supervision of local affairs by the National government. Approximately fifteen o f the committees are statutorily required in rural municipalities, while voluntarily 294 appointed committees number from five to twenty. In urban areas , the, number of required committees is even greater•

Municipal economy.1 1 Finnish municipalities of all types have a relatively free hand in the area of 'municipal finance. They are required by law to develop and approve a budget every fiscal year (which corresponds to the calendar year). The Municipal Law of 1948 stipulates the content and manner of establishing the budget) but the municipalities are free to estimate revenue and plan expenditures for the coming year. With the exception of loans that are to be paid over a period exceeding five years and other special categories of revenue, which must be approved by the central authorities, the municipalities are independently permitted to levy taxes and establish other rates and charges. Municipal budgets are prepared by the Municipal Board and approved by the Municipal Council. The greatest part of municipal income is derived from an income tax. No property taxes are levied by local governments. The tax rate for the year is originally set by the Municipal Board and finally approved by the

_ . n. ^jSunloljMl t w o f t o B M t 27, 19*8, Chap. VI; and Eskola, op. clt.~pp. 15^177^ 895 Municipal Council, which may revise it within restricted limits. The Municipal Board is then responsible for the levying and collection of established taxes. The income tax has furnished up to 70 per cent of the total municipal revenue in recent years, while State grants and Income from the municipally-owned business enterprises have furnished most of the remainder. The auditing of municipal accounts is left to the municipalities, themselves, and only in the case of irregularities are the provincial or central authorities brought into the picture. Pour Auditors are appointed annually by the Municipal Council for audit purposes, one of which is usually selected from a roster of the central organizations of the municipalities: the Union of Finnish Rural Municipalities and the Union of Finnish Towns. The municipalities, especially the rural ones, tend to be comparatively large land and forest proprietors, and frequently extend their ownership beyond their territorial limits. Also, the municipalities often engage in business activities, chiefly electric power, water and gas supply, and public transportation. 296

Inter-munlclpal co-operation,1 8 As a corollary to the principle of local self-government, inter-municipal co-operation has been encouraged by legal provision for

the following three forms of common effort: (1 ) municipal­ ities may undertake common functions by direct agreement,

(2 ) municipalities may appoint delegates, with delegated authority, to participate in a meeting of the representa­ tives of several municipalities for the purpose of undertaking a particular task or carrying out a plan of a permanent nature, and (3) municipalities may found and participate in a federation, known as a Union of Municipalities, for a common, permanent undertaking, A Union of Municipalities is recognized as a distinct legal entity by the State, and has an established Independent charter, organization, and financial character. Federations are the most important of these three forms of inter-municipal co-operation. Welfare and health institu­ tions are commonly established on the basis of a federation.

III. NATIONAL GOVERNMENT SUPERVISION

General characterlstlea. In keeping with the constitutional principle of local self-government in the

irni a jig August 27, 1948, Chap. VIII; and Eskola, op. olt., ppTITZiffr^ --- 297 administration of the communes, the degree of oentral governmental supervision of the municipalities is relatively slight. Central government control is accomplished principally through the following means: (l) submission for approval of various types of municipal decisions as stipulated by law, (2 ) appeals from decisions of the municipal authorities, and (3) direct supervision.1 3 Review of decisions made by the municipal authorities is the most effective means of State control. The types of decisions that must be reviewed by the provincial or national authorities are defined by law. Appeals are a more common form of supervision. An appeal against the actions of a municipal authority may be brought by anyone who feels that his rights have been infringed upon and, additionally, by a resident of the community if he believes that an official exceeded his authority or acted contrary to law. Direct supervision is carried on primarily through information and instruction given to the municipal authorities and by requiring information and statements concerning municipal affairs from them. The Ministry of the Interior is primarily responsible

Chap- VI1I: “ * 298 14 for the direct supervision of the municipalities.* Under this ministry> there are ten provincial governments* each headed by a Governor. A Conference Committee (neuvottelu- kunta) is assembled semi-annually by the Governor to co-ordinate the work and plans of all the local units within the province. The Conference Committee consists of the various district officials such as the District Building Director, the Chiefs of the Road and Waterwcr k Office and the Surveying Office, the Agricultural Engineer, and other local experts and officials.^ In addition to generally controlling the municipal governments through the provincial government* the Ministry of the Interior has administrative control over the Central Board of Health.1 6 This Board exercises general supervision over the district and local health authorities. Other ministries, especially the Ministry of Social Affairs and the Ministry of Education, play important roles in the supervision of the municipalities

Supra, pp.

1 5 V. Merikoski, Suomen .julklsolkeua paapllrtelttain (Suomalaisen Lakimiesyhdistyksen Julkalsuja, B-Sarja No. Porvoo: Werner Sdderstrbm Osakeyhtlb, 1956), pp. 134- 135* 16Supra, p. 184. 299 within their respective areas* State supervision of Folk School administration and the other municipal school activities is carried out by the Central Board of Education, which is under the administrative supervision of the Ministry of Education. Supervision is facilitated through the regulation of State grantsi which are comparatively high. In practise, the State authorities have refrained from exercising excessive control. 17 Similarly, the administration of the many and relatively liberal welfare benefits have traditionally been administered by the local committees with a minimum of state supervision notwithstanding the high proportion of State contributions. The Municipal Social Welfare Committees are supervised by the Ministry of Social lft Affairs and the District Supervisor of Social Welfare.

Munloipal police and judicial authorities. The municipalities have very little control over police organization and administration. The Ministry of the Interior is responsible for police administration at all

^Niilo Kallio, The School System of Finland, (fourth edition; Helsinki: Suomalalsen Kir jaillsuuden Kirjapaino Osakeyhtib, 1956), pp. 15-18. ^■®Aarne Eskola, The Social Welfare Administration in Finnish Municipalities (HelTintkT:— T E S TTnTon o f Finnish Rural Municipalities, 1954), pp. 5-7 . 300 levels* A Division of Police within the Ministry of the Interior directly supervises the provincial units of the police force, whieh are also administratively responsible to the provincial government* For the exercise of police functions at the lowest level, the provinces are divided into 257 shrievalties, or

counties (nimismiespiirit) ,1 9 within which a Sheriff (nlmismies) exercises local police functions* For this purpose, he is often assisted by a subordinate local officer, the Police Constable (polllslkonstaapell)* In the larger towns, a Police Department, under the direction of a Police Commissioner (poliiaimestari), performs the police work, and, in the smaller towns, a Police Chief heads the local police force* The distinction between police and other administrative functions in the smaller communities is not too finely drawn, and the Sheriff frequently has the responsibility for other general administrative functions under the direction of the provincial government* Such duties Include carrying out orders of the provincial government, providing information and reports on the condition and needs of the community, and the co-ordination

19 ... . Olavi Koakipirtti (viraatovaltuutettu), Organi- yatlokaayiplta (Valtiovarainministeribn jarjestelyoaaato. Helsinki: [Valtioneuvoston Kirjapaino], 1957), Table 3. 301 20 of the activities of the State and local authorities. An additional curious feature of Finnish local police administration is that the municipalities are often required to pay the salary of the municipal police officer, but have virtually no control over him* A Magistrates Court, consisting of a Magistrate and two advisors, or aldermen* functions as the court of the first instance in the municipalities. In the larger 21 towns, a Municipal Court, may also be found. Also, the Magistrates Court in the larger tcwns and cities perform some of the judicial-administrative tasks usually handled by the Sheriff in the rural areas.

IV. SUMMARY AND OBSERVATIONS

The outstanding fact concerning Finnish local government is that a high degree of local self-government is permitted to the municipalities. This principle is found In historical tradition and is incorporated In the fundamental law, and It has been followed in practise notwithstanding the fact that Finland is basically a unitary state. The principle is observed in virtually

_8?v ' Merikoski, Suomen julklsolkeus pA&piirteittSin (Suomalaisen Lakimiesyhdlstyksen Julkaiauj&7 B-Sarja ko. SO. Porvoos Werner S'dderatrdm OsakeyhtitS, 1956), pp. 138- XiO • 21 .. jpfra* PP. 309-311, for a further description of these units. 302 every activity of the municipalities with the exception of the police function* which is reserved to the National government and* particularly* to the Ministry of the Interior. Even in the matters of the budget and finance, local authorities are unusually free of central control. A corollary feature of Finnish local self-government is the wide participation by the local inhabitants in local administration. Policy determination, or decision­ making, is reserved primarily to the popularly elected Municipal Council. Administration of the various affairs of the community is largely in the hands of collegial bodies— committees--which may be assisted or guided by a professional secretary and other permanent officials. The permanent Municipal Board, which is the central administrative organ* also, may be staffed with non­ salaried personnel (except, usually, for the Secretary and the Manager) in the smaller communities. Even In the larger cities* the committees are still extensively used, although supplemented by larger numbers of professional personnel. The committee system has functioned well in

Finnish local government and is unlikely to be discarded. 2 2 Another important fact that has been noted is the

2 2 pr°feg80r, Merikoski, of Helsinki University, in a personal interview January 22, 1958. Permission to quote secured. 303 considerable degree of inter-municipal co-operation that has been achieved in providing essential common services to several communities. This policy of inter-municipal co-operation is established in the main laws relating to municipal government and is energetically followed in actual practise. The Municipal Law of 1948, which codified many of the existing laws relating to municipalities, did bring about uniformity in certain areas of municipal governmental organization, but it has not succeeded in greatly altering the actual organization and practises found in the various local units throughout the nation. The structure and operation of the various sized municipal governments, naturally, vary considerably because of the great difference in size and locality, but the basic principles and characteristics outlined above can be said to apply in large part to all of them. As in most m o d e m countries, there has been a tendency for the central and provincial governments to expand their activities at the expense of the local governments. This is true because the increasing number and quality of services rendered by the State to its citizens have required greater technical and administra­ tive skills and knowledge than can be provided by the municipal units, and because of the necessity for financing such services through State-wide obtained revenues* This problem of State-local competition for the control of the administration of public services has not beoome

aoute as yet in Finland,2 3 The municipal governments still maintain their important semi-autonomous position in the government of the State, and still remain the training ground for responsible citizenship that is basic to the preservation of a democratic state.

2®Professor V, Merikoski, of Helsinki University, in a personal interview January 22, 1958, Permission to quote secured. CHAPTER VIII

THE JUDICIAL SYSTEM

The ultimate teat of the democratic nature of any constitutional system is found in the manner In which issues involving a citizen’s rights are adjudicated in the courts of law. To complete the picture and to more fully evaluate the constitutional system of Finland) the judicial system has been studied in this chapter. A brief review of the underlying principles of Finnish justice has been made. Attention has been given to the organiza­ tion, character, and jurisdiction of the regular and special courts and the semi- or quasi-judicial bodies. Information was gathered from the fundamental and other laws, authoritative textbooks and other legal publications, and from personal discussions with informed persons.

I. GENERAL CHARACTERISTICS

Background and general characteristics. Like much of its governmental order, the judicial system of Finland has a common heritage with that of Sweden. Consequently, the basic organizational pattern and the underlying principles are closely related to those of the Swedish

305 306

system*1 To the extent possible in a parliamentary system, the Finnish judiciary can be considered as an independent branch of the government. Theoretically, the Diet can seriously modify or even eliminate the basic judicial organization; however, written^ and traditional constitu­ tional safeguards have firmly established the principle of an independent judiciary. Another feature of Finnish justice is the democratic manner in which it is administered. At the lower levels of the judicial hierarchy, where the bulk of judicial proceedings take place, it is customary for the legally untrained local citizenry to play an important part. This tradition of citizen participation in the legal process is strongly rooted and has not been seriously challenged by legal reformists notwithstanding the apparent cumbersomeness of the system. Finnish law can be said to be statutory law (as distinguished from traditional, unwritten common law); however, many of the effective

^V. Merikoski, Precis du droit Public de la Flnlande, trans. Arvid Enckell _(Association o f Finn! sh Jurists, Series D» No. l., ius Finlandiae* Helsinki: 1954^lapSen KirJalllsuuden Seuran Kirjapaino Osakeyhtib,

%£rm of Government Act of July 17, 1919, Chap. I, Art• 2« 307 statutes date back to the pre-independence period*

II. THE ORDINARY COURTS

General. The court system of Finland is shown in general outline in Figure 5, page 308. The various units shown are discussed below, however, several observations may be made at this point. First, the ordinary courts, including the Supreme Court, Courts of Appeals, and the District and Municipal Courts, have both civil and criminal jurisdiction, which may be exercised indiscriminately by the whole court or civil and criminal cases may be assigned

to separate departments. Another point 1^3 that no provision is made for appeals from the Independent special courts. A third point, elaborated below, is that the appellate jurisdiction of the Supreme Administrative Court is still In the development stage (the Provincial Courts having been created only as recently as 1955) and, consequently cannot entirely be shown diagrammatically. The judicial hierarchy Includes three basic levels

of general courts:^ (1 ) courts of the first instance,

M. E. Koskimies, Hallintokoneistomme (Suomen Laki- miesliiton Kirjasarja, No, 4. Helsinki: Kustannusosake- yhtiS, 1950), Chap. VI; Olavi Koskipirtti (virastovaltuu* tettu), Organisaatlokaayloita, (Valtiovarainministeri'dn j’Ar j e s telyo s as to. Helsinki: [Valt loneuvos ton Kirjapaino], 1957), Table 2 ; and V. Merikoski, Suomen julkisoikeua pSaplirteltt&in (Suomalaisen Lakimlesyhdistyksen Julkai- suja, B-Sarja, No. 80. Helsinki: Werner Sbderstrbm Osake- yhti’d, 1956), pp. 80-82. I------1 SUPREME COURT INDEPENDENT SUPREME ADMINIS­ I NATIONAL COURT , SPECIAL COURTS TRATIVE COURT OF IMPEACHMENT*

ZroeSJi 1 -grere i m " Appeals SERVICE COURT u r n e m * " ' PRI^6tffeftSr COURT COURTS OP APPEAL PROVINCIAL QUASI-JUDICIAL COURTS AGENCIES Appeal? " w k m s m m m SPECIAL COURTS T AT ftftlBTT TMHKR1TAME DISTRICT AND r s s F T m m m MUNICIPAL is m s m TAX BOARD COURTS “ HTLifurr m,s m m n s p r m — e j s c — FUND BOARD ACQUISITION ‘ ' STATFWIAIcl INSPECTORS BOARD

FIGURE 5 COURT SYSTEM OF FINLAND +Military Court appeals are made to the Court of Appeals In Helsinki* +Formed only when neeessary* 308 Note: General administrative supervision of most judicial units is exercised by the Ministry of Justice. 309 which include the rural District Courts (Klhlakunnanolkeu- det) and the urban Municipal Courts (Raastuvanolkeudet),

(2 ) courts of the second instance, which are the four Courts of Appeals (Hovioikeudelj), and (3) the court of last resort, the Supreme Court (Korkein olkeus).

Courts of the first instance. The District Courts, which are circuit courts in the rural areas, are comprised of a judge, who must be trained in the law, and a group of lay assistants known as jurymen (lautamiehet). The jurymen are appointed by the Court from a list of nominees proposed by the Municipal Council of the various communities within the judicial area. Not less than seven, nor more than twelve jurymen are appointed. They serve for a term of three years and are unpaid except for lump sums for expenses and for loss of time. Technically, juryman service is compulsory, but, in actuality, only those who are willing to serve are selected. A certain amount of prestige attaches to the office. The jprymen do not constitute a n jurytt in the Anglo-Amezl can sense of the term, but actually participate in the handling of both criminal and civil cases. The judge is empowered to render the decision in any particular case, but the jurymen can overrule his decision by a unanimous verdict. The Municipal Court consists of a presiding judge, or Burgomaster (Olkeuspormeatari). and not less than two 310 associate judges, or counselors. The Burgomaster Is appointed by the Supreme Court from a list of three candidates nominated by the Municipal Council, while the counselors are given their appointments by the Provincial government on the basis of selections made by the.Municipal Council. In 1957, there were thirty-eight Municipal Courts, and sixty-nine District courts, which held sessions in 199 assize areas. The large towns have a Board of Magistrates, headed by a "civic" Burgomaster (Kunnallispormestarl) and several counselors. The Board of Magistrates is primarily an administrative unit, but it performs a limited number of minor judicial functions. In the smaller cities and towns, the judges and officers of the Board of Magistrates and the Municipal Court have a common presiding judge and a common membership. Finland has no system of lesser judicial authorities comparable to the Anglo-American Justices of the Peace. The functions of such officers are performed by the Board of Magistrates or other local administrative units. The Municipal Courts in the larger cities are usually sub-divided Into separate departments for the exercise of their various functions. The Municipal Courts and the District Courts have both criminal and civil jurisdiction. Sessions of both courts are usually public 311 and the testimony and evidence Is presented In oral fashion. The local Sheriff (yimismles) funetions as the prosecutor in the District Courts and the City Attorney (Kaupunglnvlskaali) is the public prosecutor in the Municipal Court, An outstanding feature of Finnish justice is the extraordinarily lov legal costs, which enables even the poorest citizen to have his rights fully adjudicated. The main reason for this low cost is found primarily in the fact that a large number of lay assistants--the "jurymen* noted above-»are used to assist the judge in conducting the cases before the court and, also, in the fact that any citizen in good standing is entitled to plead a case on his or another person’s behalf regardless of the extent of his legal training. Though a certain degree of cumbersomeness in judicial proceedings results, no considerable reform of the judicial procedure and organize* tion at the lower level has been considered necessary. Any reforms would probably be resisted, especially by the rural population, in the belief that any changes would endanger the democratic basis of Finnish justice and would entail greater cost.that would place the courts beyond the financial reach of the poorer citizen* 312 Courts of Appeal. Appeals from the District and the Municipal Courts are made to a Court of Appeals, of which there are four. The courts of Appeal are comprised of a presiding judge, or President, and frcm three to seven associate judges, or counsellors (hovloikeudenneu- vokaet), and a varying number of junior members known as assessors (aaeaaorit). The presiding judge and other members of the court are appointed by the President of the Republic on the nomination of the Supreme Court. The courts of Appeal are sub-divided into three departments and three members constitute a quorum. However, more important matters must be decided in a full session of the entire court. Sessions of the Courts of Appeal are held in private and the proceedings are solely on the basis of written evidence and records. The bulk of the cases coming to the Courts of Appeal are finally decided there; although, appeal is still possible to the Supreme Court. Jurisdiction of the Courts of Appeal extend to both criminal and civil cases. The Courts of Appeal function as courts of the first instance in cases of treason or high treason, or when offenses have been committed by judges of the Inferior courts or the higher government officials in their official capacity. The Courts of Appeal also exercise a close supervision over the activities of the courts subordinate to them. 313 The Supreme Court. The Supreme Court is the constitutionally created court of last resort and its decisions are final.4 The President of the Supreme Court is appointed by the president, who also appoints the large number (eighteen at present) of associate judges (olkeusneuvokset) upon the nomination of the incumbent members of the Supreme Court. The Court is divided into three departments, in which five members constitute a quorum. Certain important questions concerning legislation, the administration of justice, and basic rights must be decided in plenary session of the court. The Supreme Court has no function of judicial review in the American sense of the term. It has appellate jurisdiction over all criminal and elvll oases adjudioated in the Courts of Appeal and several of the special courts including the Land Partition Courts (Maanjako-oikeudet), the Insurance Court (Vakuutusolkeus), and the Land Acquisition Courts (Tarkastusoikeudet). The Supreme Court has the responsibility for recommending the revision or clarification of existing decrees or laws.5

Art. lg». Chap. I,

5Ibid., Chap. V, Art. 58. 314 Trials of the President of the Republic on the charges of treason or high treason are conducted by the Supreme Court,® It advises the President, upon his request, on proposed legislation or bills that require his approval7 and on matters of pardon,® The Supreme Court decides questions relating to the exercise of administrative, legislative, and judicial authority by the Aland Island officials. Furthermore, it advises the President concern­ ing Aland Island legislation that is subject to his review. The Supreme Court exercises a general supervision over the inferior courts and the executive authorities Q in their administration of justice. It recommends the appointment of various court judges and appoints others. Finally, the Supreme Court drafts its own Rules of Procedure and those the Courts of Appeals, Judges of the general courts are appointed permanently and cannot be dismissed except by means of a legal trial. They are dismissable on the grounds of loss of physical or mental capacity to perform their duties. Compulsory retirement Is at age seventy,

6 Ibld., Chap. IV, Art. 47.

7Ibid., Chap. Ill, Arts. 18-19.

8 Ibid., Chap. IV, Art. 29.

9 Ibid., Chap. v, Art. 53. 315 III. THE ADMINISTRATIVE COURTS

The field of administrative justice has been separated from the ordinary civii and criminal court system in Finland. The primary organs in the administrative judicial system include the Supreme Administrative Court, the Provincial Courts (L&'&ninoikeudet)» and the High Civil Service Court (Virkayliolkeus). Various semi- or quasi- judicial agencies, such as the Waterways Board, the Tax Board, etc., (see Figure 5, page 308), have a direct connection with the Supreme Administrative Court, but cannot be properly classified as true courts

The Supreme Admlnistrative Court. The ocurt of last resort in cases of appeal involving administrative

law is the Supreme Administrative Court.11 It is composed of a President and a necessary number (fifteen regular and five extraordinary members)1 2 of associate judges, or counselors (halllntoneuvokset). all of whom are appointed by the President of the Republic. All must be

10Even the Provincial Courts lack certain features of a true court of law, but have been classified as courts for convenience of discussion.

Apt 5 7 n *£i2 2 1 government Act of July 17, 1919, Chap. V.

/« , . 12 He1singln Yliopisto, Suomen valtiokalenterl. 1958 (Helsinki; Weilin & Gb&s 0sakeylitl8,TtiS7), Sect. 8 3 ,"'™ ' p . 85. 316 learned in the law and experienced in legal or administra­ tive practise. The Court is subdivided into three departments and five members constitute a quorum. Issues of general import are settled in plenary session. The Supreme Administrative Court has appellate jurisdiction with respect to issues involving administra­ tive laws that are raised by private citizens, usually as the result of an action (or lack of action) by an administrative officer. Cases are classified as complaint matters (valitusasloita) and petitions (hakemusasiolta), Complaints make up the major share of cases coming before the Court. It should be noted that appeals relating to civil servants' rights, such as appointments, dismissals* etc,, fall within the Jurisdiction of the High Civil Service Court. Furthermore, certain types of administrative Issues that are essentially policy matters, as distinguished from violations of private rights, do not fall within the purview of the Supreme Administrative Court, but are directed to the Council of state.1 3 Various issues concerning voting rights and elections are appealed to the Supreme Administrative Court.

t V. Merikoski, Suomen julkisolkeus pASpiirteit- tajja (Suomalaisen Laklmlesyhdisiyksen Julkalsuja, B-Sarja No. 80. Helsinki: Werner Shderstrdm Osakeyhtitt, 1956), 317 Administrative complaint appeals do not follow any well-defined path because their varied nature compel different treatment and solution. In general, it may be said, however, that complaints at the lowest level are first lodged with the administrative unit responsible for the decision on which the complaint is based. Appeal ban usually then be made to higher administrative authorities, which include the Provincial government authorities, the Provincial Courts, and the Central Administrative Boards. AppealsAfrom decisions of the quasi-judicial boards (see Figure 5, page 308) often go directly to the Supreme Administrative Court. Also, complaint matters may flow from the ministries and the Cabinet to the Supreme Administrative Court. The largest group of cases considered by the Supreme Administrative Court are appealed from the Provincial government through the provincial Court. In exceptional cases, certain types of appeals from administrative decisions may be brought to the ordinary courts and, on the other hand, administrative Issues arising in the ordinary court proceedings might be appealed

to the Supreme Administrative Court.'*'5

^S u p r a , p. 29^.

_1 5 V. Merikoski, Suomen julkisoikeus paapiirteit- tain (Suomalais en Lak imiesyhdiatyksen Julkalsuja,B-Sarja, No. 80. Helsinki: Werner S&derstrbm Osakeyhtlb, 1956), p. 259. 318 In addition to Ita appellate function, the Supreme Administrative Court has a duty similar to that of the Supreme Court to recommend to the President any necessary clarification or revision of laws or decrees relating to administrative matters* Likewise, the Supreme Administrative Court must advise the President on proposed legislation or enactments awaiting his signature if the 17 President so requests* The Court also has a general responsibility to supervise the administration of justice by subordinate authorities in the field of administrative law.^® Judges of the Supreme Administrative Court have the same status with respect to tenure and retirement as those of the Supreme Court,

1 Q The Provincial Courts, Prior to 1955, complaints at the Provincial government level were processed through the same channels as ordinary administrative matters,

16 Form of Government Act of July 17, 1919, Chap. V, Art. 58.

1 7 Ibld., Chap. Ill, Art. 18-19.

1 8 Ibid.. Chap. V, Art. 56. 19 , V * Morikoski* Suomen julkiaolkeus paaplirtelt- tain (Suomalaisen LakimiesyhdIstyksen JulkalsuJa, B-Sar j a, 80. Helsinki: Werner Soderstrbm Osakeyhtib, 1956), pp. 137-138, 260-261; and Erkki Salonen (toimittaja), Mlta- Missa-Mllloin, 1956 (Kustannusosakeyhtib Otava, 1955), pp. 167-168. 319 i*e,, by individual authorities at the various administra­ tive levels. In that year, the Provincial Courts were created to handle complaints arising from alleged violations of administrative rights. They have also been given authority to decide many other administrative questions of a non-judicial character. Thus, the "court” became more than a court In a strictly legal sense. Furthermore, the Provincial Courts have no distinct court organization or sessions, but are established as offices in the Provincial government and are staffed with officials of the Provincial government. At least one Provincial Court Is found in each province with the exception of the Aland Islands, which has none. The larger provinces may have up to three courts. The Provincial Governor, the provincial counselor Claanineuvoa), or the provincial (chief) accountant (I&anlnkamreerl) is the Chairman of the Provincial Court. The other two members are the provincial assessor (ljL'dninasessorl) and the official concerned with the matter under consideration— the "reporter” (esittelija). Although the assessor and the esittelija are required to have a legal background, the members of the court do not have the rank of judge, nor do they enjoy the same rights of tenure as judges, A more specific listing of the matters within the jurisdictional competence of the Provincial Courts Includes 320 the following; (1 ) administrative complaints from citizens insofar as they have not been assigned to other judicial bodies, (2) referrals to the Provincial government that concern the census lists, dismissals of city, town, or rural municipality leaders, and various complaints made to the Provincial government, and (3) complaint appeals and petitions that concern the list of eligible voters for Diet and presidential elections, ordinary civil servant disciplinary dismissals cases, vagrant and forced-labor work bureau regulations, alcoholic care regulations, and similar provincial and local matters. This listing of the more important concerns of the Provincial Courts suggest that the jurisdiction and authority of the Provincial Courts have been developed on a pragmatic basis. That is to say, their authority has been established in response to the practical needs of the community, rather than according to any precise er»d formal legal pattern. Decisions of the Provincial Courts are made collegially, primarily upon the basis of written evidence, although oral presentation may be permitted. The courts may call upon the interested parties and other government officials to present additional evidence. Decisions of the Provincial Courts have the equivalent legal effect as those of the ordinary courts of law. Appeals from such 321 decisions can be made to the Supreme Administrative Court. Notwithstanding the hybrid character of the Provincial Courts, they have proved to be a valuable part of the governmental machinery in the short period of their existence.

The High Civil Service Court. Another court in the administrative sphere is the High Civil Service court. It was established by ordinary statute in 1926 for the purpose of protecting the rights of civil servants to their jobs. 20 The court is composed of five members, three of whom must be trained in the law. The members are appointed by the President for a term of five years. They do not enjoy the status and rights of the judges of the ordinary courts. The function of the High Civil Service Court is to consider and decide appeals from civil servants in disciplinary cases involving dismissal. Appeals to this court may be brought directly from the lower administrative levels, from the higher level authorities CCentral Administrative Boards, Provincial government, etc.), and

2 0 4 4 4 Valtlon viran ja pysyv&lsen toimen halt!- JiLiS ttgunlsklr joista^gek'd oTkeudestaan pyaya vlras- P&lyana kea'&kuuta"19.26 TL&w: State permanent office holders^ letters or appointment and their right to remain in office, June 29, 1926]. 322 possibly from the ministries and the Cabinet, The cases considered by the High Civil Service Court are few in number; however* its decisions are final,

IV. OTHER SPECIAL COURTS AND JUDICIAL UNITS

The Labor Court.2 1 The Labor Court (Tybtuomlols- jbuin) was established in 1946 (effective in 1947) follow* ing the first official recognition of collective bargaining and collective bargaining contracts between the unions and the employers. The Labor Court is comprised of a chairman and eight other members. They are appointed by the President for a term of three years. The Chairman and another member* who serves as Vice-Chairman, must be versed in the law, while a third member must have experience in labor relations. These three members have impartial status. The remaining six members are appointed equally from the ranks of labor and management. The Labor Court has the primary function of interpreting collective bargaining contracts duly estab­ lished and resolving disputes arising from such contracts. Decisions of the Labor Court are final insofar as they relate to the collective bargaining contract.

Salon®° (toimittaja), Mlta-Mlas&-Mllloln, 1951 (Helsinkij Kustannusosakeyhtib Ctavan Kirjapaino, 1951), p. 176. 323 A system of State mediators is used to effeot conciliations between labor and management before resort is made to the Labor Court* Also, the Ministry of Social Affairs is empowered to issue temporary injunctions if work stoppage threaten a breakdown of essential public services.

The National Court of Impeachment. In the case of arraignment of the Chancellor of Justice or a member of the Council of State, the Supreme Court, or the Supreme Administrative Court for an illegal act committee while in the exercise of his functions, the case is tried by a special court known as the National Court of Impeachment (Valtakunnanoikeus).^ Its membership consists of the President of the Supreme Court (as Chairman) the President of the Supreme Administrative Court, all the presidents of the Courts of Appeals, a professor of law from Helsinki University, and six additional members selected by the Electors of the Diet. Court members hold office for four years. Decisions of the Court are final and the President of the Republic can grant pardons only to the extent

Art. V 324 recommended by the Court. The National court of Impeachment has functioned on two occasions, one in 1933* and again in i§55. Cabinet miniaters were involved in both oaaea.

Other courts. A Prisoner^' Court, conaiating of five members, decides case involving the sentencing of recidivists to forced labor institutions. A Land Partition Court handles cases of land parcelling and division. A Land Acquisition Examiners Court reviews the determinations of the local Land Redemption Boards (Maanlunastualautakunta). which are concerned with land purchase and redemption. The Land Redemption Boards are administrative units of the Ministry of Agriculture*^® These land courts have important functions because of the extensive land reforms that have occurred in recent years, which have required wholesale purchases and condemnations of farm properties* An Insurance Court determines Issues arising from accident insurance claims. Decisions of the land courts and the Insurance Court are appealable to the Supreme Court and In some cases to the Supreme Administrative Court. A special Military Court tries all cases arising

^®Koskimies, ©£. cit., pp. 157-158; and Koskipirtti, ££. cit. . Tables 2, 77 ---- 325 in the armed forces. Its decisions are appealable to the Court of Appeals in Helsinki,

Quasi-.judicial units. Various quasi-judicial agencies i or boards, make determinations that have the force of law, Generally, these decisions are appealable to the Supreme Administrative Court, although they may find their way into the ordinary courts if questions going beyond purely administrative rights are involved. Among these units are included the Waterways Board, Tax Board, Inheritance Tax Board (which is usually identical in personnel to the Tax Board), the Bishops’ Office (which is the Church Court In effect), the Family-Pension Fund Board, and the State Finance Inspectors Board. The largest group of cases decided by the Supreme Administrative Court are appealed from the Tax Board,

Judicial supervision. In addition to the supervision of the inferior courts and tribunals by the Supreme Court and the Supreme Administrative Court, there are several other units that exercise supervisory functions. The Ministry of Justice is generally responsible far administrative matters relating to the judicial units, including the preparation of legislation relating to 326 24 judicial organization. The Chancellor of Justice has a general responsibility for seeing that all governmental authorities comply with the law, and he also functions

as Chief Public Prosecutor,25 The Solicitor to the Diet has a similar authority with respect to the supervision of the observance of the law in the proceedings of the courts and by other authorities, 96

V. SUMMARY

The judicial system of Finland has an independent and democratic character. Its independence is ensured by safeguards in the organic laws and by the strength of tradition that dates back to the early Swedish period. The democratic element in the Finnish judicial system is found primarily in the form of wide participation by the citizenry in the proceedings of the lower courts and in the extraordinarily low-cost of judicial proceedings, which permits even the poorest man In the community to have his rights fully adjudicated in the courts of law. To the Anglo-American observer, probably the most Interesting feature of the Finnish judicial system is the

8 *Supra. pp. 183-104.

2 5Supra. pp, ’72-74.

26Supra, pp. 66-87-. 327

active and fall participation by njurymen,*» who are legally untrained citizens, but* who, by virtue of long participation in court proceedings, have gained a practical, working knowledge of the law. Their right to ask questions and to otherwise participate in the proceedings before the court, as well as their right to overrule the decision of the judge, gives to the Finnish jprymen a character considerably different and distinct from his Anglo- American counterpart. Another interesting feature of Finnish justice, though not unique in Western European parliamentary systems, is the administrative courts system. The recent creation of subsidiary Provincial Courts as subsidiary administrative courts to the Supreme Administrative Court ( a constitutionally created court) constitutes a recogni­ tion of the increasing importance of administrative cases and the need for a special system for adjudicating them. The development of this Finnish system of administrative justice should be of continuing Interest to students of comparative government. A final note on the Finnish judicial system is that the judiciary occupies a position of respect in the Finnish society, and this thought is reflected in an old Finnish maxim that says, WA good and intelligent judge is better than a good law,H CHAPTER IX

SUMMARY AND CONCLUSIONS

I . SUMMARY

The foul* decades of independence are but a short part of the history of Finnish constitutional develpment. During the long period of association with Sweden, Finland had established and nurtured many of the basic constitutional forms and principles that have endured to the present day. During this period, which extended ouBr nearly seven centuries, and which terminated in 1809, the principle of popular and parliamentary government, as well as the principle of local self-government, had become the cornerstones of the Finnish political structure. The accretion of various fundamental laws in the Swedish- Finnish nation gave to the embryonic Finnish state a common share in a written constitution that was to serve as the proto-type of the Finnish constitution more than a century later. The more than century-long association with Imperial Russia wrought remarkably little substantial change in the nature of the Finnish political order. In the latter part of this period (1906), the unicameral,

328 329 popularly elected Diet was established and the Imperial Senate increased its administrative and judicial powers. With the founding of the independent nation in 1917, the established constitutional forms and principles were largely retained except for certain organizational and structural changes necessary in the new republican form of government. The most significant change in the constitutional basis of the Nation at this time was, of course, the assumption of complete political sovereignty by the people, themselves, which was to be exercised by their elected representatives assembled in the Diet. Important brganizational changes included the transfer of judicial functions frctn the Judicial Department of the Imperial Senate to the Supreme Court and the Supreme Administrative Court, and the assignment of the powers of the Administrative Department of the Imperial Senate to the newly-created Council of State (Cabinet). The Diet remained virtually unchanged except that its political power was greatly enhanced* Local government remained essentially unchanged. Thus, with the achievement of full independence, Finland's constitutional system had a well* rooted and well-defined character. The form of central government organization and the distribution of authority among the various branches of government was established in the Form of Govemmftrit and 330 elaborated In other organic lavs. The pattern so formed generally tended to follow that found in the various constitutions created following the First World War; however, several features fcund in the Finnish constitu­ tional system are distinctively Finnish, although some of them may have had their origin during the long period of association with Sweden. It is with these unique features, which are deserving of further attention from students of comparative government, that this summary has been concerned. The most significant of the unique features that are evident in the Finnish constitutional system is that

of the position of the President of the Republic*2 Perhaps in no other Western European republic, with the possible exception of the defunct Weimar Republic, has the President been given real powers to the extent that he has In Finland. Constitutionally entrusted powers, strengthened in use by tradition, have placed the Finnish President in a position of authority that would seem anomalous in other parliamentary systems. The President's powers extend both to the legislative field, where he has a right of legislative Initiative and a suspensive veto power, and to the executive and administrative fields,

23upra, pp. 74-77, 95-96, 144-146, 200-204, and Chap. V. where he exercises considerable powers in decision making with the assistance of the Cabinet. These powers are further implemented by his authority to appoint and dismiss ministers and to dissolve the Diet# The powers thus given to the President have created a dualism both with respect to the distribution of legislative and executive authority* Parliament sharing actual legislative powers with the President is, of course, quite unusual, but to have the Cabinet responsible to both the President and to the Diet is perhaps even more unusual. That this arrangement is workable and is considered an advantage by the Finnish people, should be sufficient reason for its further examination, especially in view of the failure of French attempts to establish a strong President in the Third Republic, Another feature of interest is found in the legislative organization. - This is the Grand Committee of g the Diet. The Grand Committee of forty-five members was originally designed to obviate the need for an upper chamber. Consideration of many legislative matters by this committee after they were reported by the other Diet committees and before final passage by the Diet was

2Supra. pp. 119-121. 332 intended to avoid hasty action by the Diet. In practise this purpose was only partly fulfilled; however, the Grand Committee has earned a valuable place in the legislative machinery because It does facilitate the consideration and debate of legislative measures by a select group of the Diet's members that leads to more ready compromise and final passage of a bill. This function of securing compromise is especially important in a governmental system characterized by minority and coalition governments. In legislative procedure, the "minority veto" is a unique feature developed originally for the purpose of protecting the minority rights of the Swedish-speaking ,3 population. It can* of course, be employed by an minority group that can muster one-third (sixty-seven) of the two-hundred votes of the Diet. By exeroise o f this veto right, any bill, even though it has received a majority vote In the Diet, must bd held over for a newly-elected Diet, at which time the bill must be re-approved in identical form by majority vote before it can become law. In the area of national administration, the use of central bureaus to carry on the bulk of the national

gSupra, pp. 126-131. 533 administration is a distinctive feature of Finnish government, though not necessarily unique in parliamentary systems.^ These central bureaus are found in most ministries. Much of the policy of the units under their control is made in these bureaus, which enjoy a large measure of independent authority. In many cases, the ministries exercise only a general supervisory and financial control over them. At the local level of administration, the large number of unpaid local citizens that participate in the administrative affairs of the community is perhaps unusual 5 in Western European countries. In most of the rural municipalities, almost all of the administrative duties are carried out by committees of untrained and unpaid local citizens. Only in the larger communities are there found more than one or two professional office-holders. Here, indeed, is the real training ground for democratic government. An uncommon feature that is found in the civil service of Finland is the fact that State employees are permitted to participate actively in political affairs, even to the extent of becoming members of the Diet, while

4Supra, pp. 180-181. ^Supra, pp. 291, 301-302. 334 still retaining their civil service position.6 At times, leading political party leaders have held high posts in the civil service. In view of the severe restrictions on political activity by civil servants In the United States and other countries, the Finnish situation is a very interesting contrast. The Finnish judiciary furnishes another character­ istic that is quite distinctive. That is the practise of using ’’jurymen” extensively in the proceedings of the lower courts. These jurymen, who are unpaid (except for Incidental expenses) local citizens, are not jurymen in the Anglo-American sense, but participate in all cases before the court, may freely ask questions, and may overrule the decision of the judge by unanimous vote. The court relies heavily upon them because, although they are untrained formally In the law, many of them have served for many years on the jury and have excellent practical experience in matters of law. The use of such persons has been partly the reason for the extremely low cost of Finnish justice.

6 Supra, p-. £00.

7Supra, pp. 309, 311*. 335 Another feature of Finnish justice that deserves special emphasis even though it is not peculiar to Finland; is the system of administrative justice* 8 A Supreme Administrative Court and the recently created Provincial Courts are the main units In this system. All administra­ tive complaints cases are appealable to these courts* They provide for the rapid adjudication of rights in an Increasingly important area. In addition to these courts, there is a High Civil service Court for appeals from Q civil servants involving disciplinary dismissals.

II. CONCLUSIONS

The primary purpose of this study was to describe and analyze the present-day constitutional system of Finland, especially with respect to the relationships among the President, Cabinet, and the Diet; to identify and interpret some of the more important dynamic features of the central governmental system; and, to draw attention to certain unique features of the Finnish constitutional system that are of especial interest to the study of

8Supra, pp* 315-321.

9Supra, pp. 321-322. 336 comparative government.1^ Vi thin this frame of reference, certain conclusions can be drawn from the material considered. First among these conclusions is that the Finnish people have developed a distinctive constitutional system that is primarily traceable to the peculiar circumstance of their geographical situation, physical environment, economic circumstances, and cultural and ethnological background.11 Finland1s central geographical location in northern Europa with her long and exposed frontiers have made the country easy prey to her more powerful neighbors and, as a consequence, Finland was the battleground throughout her entire history between the powers of the East and the Vest. As a result, Finland’s early constitutional develop­ ment occurred in partnership with her neighbor--Sweden> and was continued for more than a century in more recent times while under the domination of Russia. Even in the period of independence, Finland was caught in the turmoils of the wars between the great powers and has continuously been in fear of engulfment by the Soviet Union. Finland’s strategic position between the powers of the East and the

1 0Supra. p..S.

11Su£ra, Chap. I. 337 West have, consequently, permitted Finland to have but few and short periods of peaceful development and have caused her political institutions to be tempered by re-current war and other crises. Finland’s physical environment has created a forest economy that prevented the rise of serfdom and which encouraged a sense of individualism and local community spirit. The villagers and the small land-owning farmers soon learned to govern their own affairs and the political Institutions of local self-government and popular democracy flourished in this milieu. Culturally, the Finns have come to be identified with the Scandinavian peoples, but have retained their distinctive Finnish language (except for the Swedish­ speaking population). This cultural affinity and the long period of political association with Sweden facilitated the common development of political institutions, and it is to this period that Finland owes much of her basic constitutional pattern. Ethnological factors, primarily the language factor, however, gave rise to a sense of national unity, which was manifested during the period of Russian domination. These same factors also encouraged a general resistance to the intrusion and acceptance of Russian political and cultural ideas. As a consequence, Finnish political institutions during this period were 338 developed more in a manner to resist or minimize Russian Influences than in a fashion that would facilitate Russian control. The very fact of Russian domination encouraged the growing sense of cultural unity, which finally led to the establishment of the independent,republic. A second general conclusion concerning the Finnish political system is that Finland has a limited government under the rule of law, which employs parliamentary institutions to express the sovereign will of the people. 12 The chief organ of the State is the unicameral popularly elected Diet, The will of the Diet is carried into effect by the Council of State (Cabinet), which must retain the confidence of the Diet if it is to remain in office. The relationship of the Diet to the Cabinet is modified to the extent that the President of the Republic has been given the ultimate right of decision in executive and administra­ tive matters, as well as powers of legislative initiative and a suspensive veto over enacted legislation. Furthermore, the President has the right to appoint Cabinet ministers and can dismiss them, and he can dissolve the Diet and order new elections. The rule of law is enforced by an independent judiciary.

12Supra, p, 62, ff. 339 The focal point of this study has been the interrelationships among the President, Cabinet, and the Diet in the legislative and the executive and administra­ tive fields. One of the most significant conclusions that can be drawn with reference to these relationships is that there has been incorporated into the Finnish constitutional system a dualism with respect to the distribution of authority among the President, the Cabinet, and the Diet* 13 This dualism is manifested in two aspects, one in the legislative relationships between the President and the Diet, and the other in the responsibility of the Cabinet to the Diet but still dependent upon the decisions of the independent President and subject to dismissal by him. The President of the Finnish Republic has been constitutionally entrusted with, and actually exercises, governmental powers (both executive and legislative) to a degree that is extraordinary in a parliamentary form of 14 government. Various states with parliamentary forms of government ascribe a formal or nominal constitutional authority to the President to participate in certain executive and legislative functions (e,g., France and Italy), but such authority is largely ceremonial or

1 3Supra, Chaps. Ill, IV, and V.

1 4Supra, pp, 74-77, 95-96, 144-146, 200-204, and Chap. V. 340 routine except, perhaps, in the selection of prime ministerial candidates. In Finland, however,.(and perhaps it was also true in the now defunct Weimar Republic) the constitutional authority of the President is more real than nominal. The real authority of the President extends to a variety of functions including, among others, the initiation and snaction of legislation, the supervision of administration, the appointment and dismissal of the Cabinet members, the dissolution of the Diet, and the ordering of new Diet elections. With the exception of certain military and other special types of matters, all the President's decisions must be made in the Cabinet, but his decision is final and can be made contrary to the opinion of any or all ministers. A corollary observation is that the exercise of substantial and actual power by the President has' not vitiated th^ principle of the responsible or nparliamen-

taryM executive.1 5 The distribution of constitutional power among the President, Cabinet, and the Diet is so established as to prevent the President (and this would also be true of the Cabinet) from ultimately prevailing in his view In opposition to the Diet. A crisis involving the entire Cabinet or one or more ministers would ensue If

15Supra, pp. 144-146, 200-204, and Chap. Vo. the President persisted in asserting his decision on an important matter in opposition to the Cabinet or the minister concerned* Dismissal of the dissident ministers and their replacement by. new ministers more favorable to the President’s views would, in all likelihood, be resisted by the Diet, which would then refuse a vote of confidence to the new appointees* The President could then persist in his decision only by dissolving the Diet and ordering new elections. If the newly-elected Diet also refused a vote of confidence to the newly-appointed ministers, an impasse would be reached and the President would have no alternative but to recede from his original position* Consequently, the Presidents exercise of authority is ultimately balanced and restrained by the power of the Diet to refuse a vote of confidence to the Cabinet, or individual ministers, without whom the President cannot effectively carry out his governmental duties* In this same vein, it can be concluded that the Cabinet Is not only the "creature” of the Diet, in the sense that it must enjoy the confidence of that body if it is to continue in office, but must also act as the servant of the President in more than a nominal sense and its decisions can have no effect, on the whole, without hia assent,16 This is not to imply, to be sure, that the President actively attempts to medce his opinion prevail in the daily affairs of the Cabinet; rather, he can and does assert his opinion, which is final, in those excep­ tional cases when he believes the best interests of the State so require. His weekly participation in the Cabinet sessions is real enough and a strong-minded President undoubtedly does affect the outcome of many decisions made in the Cabinet (which, of course, must be finally made by himself), especially in the area of appointments and similar categories that are regarded as essentially presidential prerogatives. Cases of substantial disputes between the President and the Cabinet, or some of its members; that have led to the dismissal of ministers are uncommon, but are sufficient in number to underline the fact that the Cabinet is dependent upon the President as well as the Diet. Finnish national administration is characterized by the strong acceptance of the principle of de-centralization and the extensive use of the collegial body for the determination of administrative policy. It can be concluded that the administrative organization erected on this pattern, which is the product of Finnish administrative experience, functions efficiently and well meets the needs

16Ibld. 343 17 of the Finnish people. De-centralization is most evident in the presence of the many and important central bureaus and-in the fact of extensive local self-administration. The collegially constituted administrative boards are found at all levels of administration and even administra­ tive decisions at the ministerial level are most often made in collegial fashion. In the related area of civil service, it can be readily concluded that the morale of the civil servant and their general efficiency is usually at a high level. Notwithstanding the absence of a unifoxm, centralized civil service system in the American or English sense, the Finnish civil service has, in practise, many of the attributes of a fair and efficient merit civil service 19 system. Educational background, training and experience, and ability are all important qualifications fbr entrance into the civil service and for promotion within it. Although, in recent times of crises, the morale and efficiency of the civil service suffered somewhat as the result of the induction of large numbers of new and less qualified persons into the government ranks, the relative

1 7Supra, pp. 178-188. 18_ Supra, pp. 192-200. 344 stability of recent years has permitted the civil service to regain some of its earlier high standards of efficiency, morale, and honesty. Job security, liberal social welfare benefits, prestige, and reasonable pay scales are some of the factors that have contributed to the excellent condition of the Finnish civil service. Another group of conclusions that can be adduced from this study relate to the questions of governmental stability and the strength and position of the political parties. With respect to the matter of Cabinet stability, it can be concluded that in the post-Second World War period, the multiplicity of minority political parties and the sharpness of division of viewpoints among them have prevented Finland from enjoying any more than a moderate degree of governmental stability.2 0 When compared with the classic minority, multiparty nation_ France— Finnish government can be said to have been relatively stable during this period; but, comparison with Sweden is less favorable. It must be added, however, that some of the disruptive effects of cabinet changes have been offset by the fact that the same persons are often

20Supra, pp. 167-175, 257-261. •J. 345 returned to the prime ministership and the ministerial posts* At least in part, explanation of this moderate duration of cabinet life is found in the further conclusion that the cultural (in particular, language), ideological, and economic forces operating in the Finnish political milieu have given rise to and have perpetuated a multi­ plicity of minority political parties with sharply 21 divergent and limited interests and viewpoints. The farm and rural interests cannot be readily reconciled with the interests of the urban industrial worker, and the propertied, professional, and management classes have a conservative philosophy that is at odds with both of these groups. The Swedish-speaking minority must remain an organized political force if their cultural interests are not to be submerged in the environment of the Finnish­ speaking group. The strong communist elements present a continuing threat to the entire democratic and constitutional system of Finland and can no longer be practicably ostracized f*om political activity. Recent domestic economic and political developments and interna­ tional developments have not made the problem of political op-operation among the parties any easier of solution.

21Ibid. 346

Perhaps the most significant observations that can be made concerning local government in Finland are that an unusually high degree of local self-government Is permitted to the local municipalities and this local government Is actively carried on primarily by the local pg unpaid citizens, themselves. These traditions of local self-government and citizen participation are well- established historically and have been formalized In the written fundamental laws. The training that these local units afford to the citizens in democratic and representa­ tive government undoubtedly Is the strongest bulwark of constitutional government in Finland, One observation can be made concerning the adminis­ tration of justice: Finland has established an Independent and democratic system of courts for the administration of justice that affords low-cost and complete adjudication of the rights of the Finnish citizens.23 Much of the democratic element is supplied by the extensive participa­ tion of the local, unpaid citizenry In the proceedings of the courts of the first instance. They function as "jurymen” and actively aid the judge in arriving at decisions (and may, by unanimous verdict, overrule him) and in otherwise handling the cases before the court.

2 2Supra, Chap. VII.

23Supra. Chap. VIII. 347 Although the regular lower courts have procedures that appear to be somewhat cumbersome because of the large number of formally untrained jurymen, the system has effectively met the needs of the Finnish people and is not likely to be greatly reformed at the present time. Additional protection of the rights of Finnish citizens is afforded through the means of the administrative courts system, of which, the Supreme Administrative Court and the Provincial Courts are the main bodies.24

III. RECOMMENDATIONS

It would be presumptious on the part of any foreign observer to make a categorical list of recommendations involving the entire width and breadth of Finnish govern­ mental institutions and practises. However, a few specific points can be made that are fairly self-evident to any student of the Finnish political scene. The first among these is in regard to the manner of electing the President of the Republic, The use of a system of proportional representation to choose the electors who elect the President leads to artificial results and frequently fails to result in the election of a candidate who has the greatest popular support.2®

24Supra,pp. 815-321. g5Supra, pp. 211-212. 348 Direct popular election is, of course, an obvious alternative to the present problem; however, an Electoral College formed on some other basis than proportional representation elections would probably be satisfactory• A recommendation can be made concerning budget practise. Notorious use has been made of the supplementary budget (lls&budgettl) to establish authority and provide funds for items not included in the regular budget* 26 This practise has vitiated the effect of the budget as a tool for effective management, both in its financial control and administrative aspects. The frequent resort to supplementary budget appropriations cannot be condoned. Whether such practise results from political expediency or because of the lack of appreciation of the true function of a budget, effort should be made to comprehend all estimates of the Income and expenditures of the State in one budget, and rely on supplementary measures only tar extreme emergencles,

With respect to decision-making in the Cabinet and within the ministries, criticism can be leveled at the practise of requiring an excessive number of relatively minor or restricted matters to be settled by collegial action in the Cabinet. 2 7 If matters of limited importance

26Supra, pp. 1 3 2 -1 3 5 . 27SuEra, pp. 157_158< 349

could be entrusted to the ministry concerned for decision administration would be expedited and the Cabinet would be free to consider important questions more thoroughly, A similar recommendation uould probably be made that greater responsibility for decision-making be entrusted to individual units and officers within the ministries; however* insufficient study has been made of this question to justify any concrete or positive proposal to that effect. Specific recommendations with reference to the problem of governmental instability and the relationships among the political parties cannot readily nor practicably be advanced. Only a cautionary observation can be made to the effect that the stability of the Government and the ultimate fate of democratic institutions in Finland depends upon the degree of co-operation that can be achieved among the several minority political parties. The Social Democratic party must settle its internal differences if it is to participate as a reliable member of the necessary coalition governments,28 The major parties— the Agrarian Union and the Social Democratic party- must temper their particular demands and participate in,

28 Supra, pp. 234-235. 360 or at least oo-operate with, the Government in power if parliamentary government is to remain strong in Finland*

IV. AREAS FOR FURTHER RESEARCH

Finnish political institutions offer a rich field of study for the student of comparative government. Even in the Finnish language, intensive and comprehensive studies are lacking in several areas. The difficult language problem has prevented the Finnish political picture from being adequately presented to the world. The present study, because of its broad scope could hardly present more than a brief description and analysis of the more important political institutions and their relationships, Virtually every subject that has been treated In the present study could well be developed more thoroughly, A few of the more Important features may be mentioned that are of particular importance to the study of / comparative government because of their uniqueness or distinctive Finnish character. Foremost among these is the manner of distribution of legislative, executive, and administrative authority In the State, which places the President in a co-ordinate relationship with the Diet and which gives him extremely unusual governmental powers In a parliamentary demooracy. 351 The functions of the Grand Committee of the Diet, which facilitates much of the compromise required in a government characterized by coalition cabinets, and the minority veto right, whereby one—third of the members of the Diet can effectively delay final passage of legislation until a newly-elected Diet comes into session, are both special features of the Finnish legislative picture that deserve special attention in any study of Finnish legislative organization. The central bureaus, which are the most important units in the national administrative organization, offer a potentially rewarding field of study for any student of comparative public administration. These bureaus antedate the ministries, themselves, and have not lost much if any of their significance on being subjected to the supervision of the ministries. Similarly, the Finnish civil service is the product of historical development and answers the practical needs of the nation, although in formal outline it would seem to the foreigneobserver to lack some of the essential characteristics of a well—developed civil service system, such as uniformity and centralization. However, the general efficiency, high morale, prestige, and lack of corrupt elements attest to the excellent working of the system. Further analysis of this civil service system is, therefore, well warranted. Probably strongest of all Finnish political traditions is that of local self-government. The extensive authority granted to the local authorities* in addition to the fact of widespread participation of the local citizenry in local governmental affairs, has given to the Finnish nation a strong bulwark of democratic experience. Further examination of this subject is well justified if only to better understand the strength of Finnish democratic institutions.. Such a study could, of course, also make a valuable contribution to the fields of comparative munioipal government. An adequate picture of the Finnish political parties has never been presented in the English language. Even in the Finnish language there is a dearth of penetrating studies of the political parties and the basic Issues underlying Finnish politics. The independent judicial system of Finland is not unduly complex, but it does offer several features of considerable interest. The extensive use of laymen, untrained and unpaid, is another aspect of Mgrassrootn democracy, and is a political phenomenon that might have a lesson implicit in it for more complex societies. The developing system of administrative justice, separate from the regular court system, is a feature of increasing importance and deserving of continuing attention. The basic constitutional ins tittitions and principles of Finnish democracy can, for the most part, be traced back to Finland's long association with Sweden. Though these two nations have had a separate identity since 1809, their political institutional pattern did not diverge greatly. A comparative study of the political Institutions of these two nations, whether restricted to certain institutions or inclusive of the entire constitutional systems, would be of great value in casting light on their respective systems• i

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2* Books: Published In Finnish Arvelo, A* P. Valtlolllset vaalitt KAslklrJanen [National Elections: Handbook]. porvoos Werner sttderatrdm Osakeyht id, 1955, (A collection of statutes relating to national elections.) von Bonsdorff, G-dran. Suomen poliittiaet puolueet [Finnish political Partieshyvd fieltAA, ®°» Helsinki: KustannusosakeyhtiS Tammi, 1957. Brotherus, K. R. Kataaua Suomen valtiolllsen .lArJestys- muodon Hlstorlalllseen kehitykaeen fA Review of the historical development of the organization of the Finnish State]. Toinen uudlstettu pal no a* Porvoo: Werner Sbderstrttm Osakeyhtid, 1948. EllilK, Tauno. TAytUntdbnpanoke inoiata hallinnon alalia [Means of Enforcement in the Administrative Lawj. Suomalaisen Laklmlesyhdlstykaen Julkalsuja B-Sarja, No. 51. Porvoo: Werner Sdderstrdm Osakeyhtid, 1958. Erich, R. Suomen olkeuaasema [Finland’s Legal Status]. Suomalaisen Lakimiesyhdlatyksen Julkalsuja, No. 13. Vammala: Tyrv’A’dn Kir japaino Osakeyht id, 1938. ______. Suomen valtio-olkeus [Finnish Politioal Law], Vols. I-ill. Werner Sbderstrdm Osakeyht id, 1925.. Hakklla, Eako, Suomen Taaavallan peruatualalt [The Fundamental Laws of the Republic of Finland]. Porvoo: Werner Sdderstrdm Osakeyhtid, 1939. Helsinki University Publications. Suomen valtlo-kalenterl« 1957 [The Finnish National Calendar"J. Melsinki: We11in & adds Osakeyhtid, 1956. Hermanson, B., and K. Kaira. Suomen valtloslUlntd pAApi irtelttttln [The Main Features of the Finnish Constitution] • Suomalaisen Lakimiesyhdlstyksen Julkalsuja, B-Sarja, No. 54. Helsinki: Werner Sdderstrdm Osakeyhtid, 1952. Jakobson, Max. Dlplomaattlen talvisota [Diplomacy of the Winter War]. Third printing, porvoo: Werner Sdderatrdm Osakeyhtid, 1956. 361 Kastari, Paavo. Eduakunnan hajoltus [The Dissolution of the Diet], A published doctoral thesis, Helsinki University. Suomalaisen Lakimlesyhdiatyksen Julkai* auja, A-Sarja, No. 21. Vammala: Tyrv'Aan Kirjapaino Osakeyhtid, 1940. . Suomen Pankin erikolaasema valtlokoneistosaa . [The Speeial Position of the Bank or Finland 'in tile Machinery of the State]. Suomalaisen Lakimiesyhdlstyk* sen Julkalsuja, B-Sarja, No. 60. Porvoo: Werner Sdderstrdm Osakeyhtid, 1955. Korhonen, Arvi. (toimittaja). Suomen historian k&sikirja [A handbook of Finnish history], 2 vols. Helsinki: Werner Sdderstrdm Osakeyhtid, 1949. Koskimles, M. E. Hallintokoneiatomme [Our Administrative Machinery]. Suomen Lakimiesliiton Klrjasarja, No. 4. Helsinki: Kustannusosakeyhtld Otava, 1950. Kuusi, Mattl. Ctolmlttanut). Suomen Tasavallan president tit [Presidents of the Finnish Republic].Kolmas, "FSydennetty palnos. porvoo: Werner Sdderstrdm Osakeyhtid, 1951. Maalaisliitto. HerAHvtt. maaseutu: Maalalsllltto, 1906-1956 £The Awakening Countryside: Agrarian Union/ l§b6-ldSS]. Porvoo: Porvoon Kirjapaino Osakeyhtid, 1956, Merikoski, V. Lailllsuusvalvonta Suomen olkeusjarjestyk- seasA [The Surveillance of Lawfulness In the Finnish Legal System]. Vammala: Tyrv’A&n Kir japaino Osakeyh- tid, 1953. Suomen Julklsolkeus pKMpilrteittain [The Main Principles or Finnish public Rights]. Suomalaisen Lakimlesyhdiatyksen Julkalsuja, B-Sarja, No. 80. Helsinki: Werner Sdderstrdm Osakeyhtid, 1956. Makinen, Elno. (toimittaja). Suomen Ed us kunt a [The Finnish Parliament]. Helsinki: tfTTgmann Osakeyhtid, 1957. Rantala, Onni. Konservatiivinen puolueyhteied [The Conservative Party communityj. A puoilshed doctoral thesis, Helsinki University. Vammala: Vammalan Kir japaino Osakeyhtid, 1956. Rauhala, K. W. (julkaissut). Keiaarllllnen Suomen aenaatti. 1809-1909 [The imperial Finnish Senate 1809-1909]. Helsinki: Kustannusosakeyhtid Otava, 1915. 362

Renvall, Penttl (toimittaja). Suomalaisen kansanvallan kehltys [Finnish National Development]. Historian Aifcta, III. Historian YstNvKln Liitto. Porvoo: Werner Sdderstrdm Osakeyhtid, 1956* Routavaara, Akseli. Kolme vuosikymmenttt: Kansallisen Kokoomuspuolueen YglflNllfA,'Tyl'd»r9gg [TBP46 Dd'd'&des: Phases or the National Coalition Party, 1918-1948]• Kansallisen Kokoomuspuolueen Keskusllitto. Helsinki: Kauppalehti Kirjapaino Osakeyhtid, 1949, Rytkdl’A, Olavi • Kunnalllstledon opas [A Guide to the Study of Municipal (Government) J • Yhtelskunnallisen Korkeakoulun Julkalsuja, No. 9. Helsinki: Pellervo- Seura, 1957. . Virkamlesolkeus [The Rights of Civil Servants],. Suomalaisen Lakimiesyhdistyksen Julkalsuja, B-Sarja, No. 48. Porvoo: Werner Sdderstrdm Osakeyhtid, 1951. Sandberg, B. Suomen eduskuntatalo [The Parliament Building oi Finland], Helsinki: Otava, 1953. Stahlberg, K. J. Par lament ari ami Suomen valtlos&’Annosag [Parllamentarlan&sm in the Finnish Constitution] • Helsinki: Kustannusosakeyhtld Otava, 1927. Tammio, E. H. I. LainaAAtAminen ltaenAiaesaA -Suomessa [Legislation in IndependentFinland}. Porvoo: Werner Sdderstrdm Osakeyhtid, 1948. Tarkiainen, Tuttu. Tasavallan Presidentin asema Suomen parlamenttaarisessa hallitusjkrjestelm*A*ss5 [The Position of the Finnish Republic's President in the Parliamentary Governmental System]. A published doctoral thesis, Helsinki University. JyvNskylK: K. J. Gummerus Osakeyhtid, 1938. Vilkuna, Kustaa. Maan puolesta [On Behalf of the Nation]. Helsinki: Kustannusosakeyhtid Otava, 1955*

3. Periodicals* General Bellquist, Eric C. "Government and Politics in Northern Europe: Finland," Journal of Politics, VIII (August, 1946), pp. 369-377. "Political and Economic Conditions in the Scandinavian Countries: Finland," Foreign Policy Reports, XXIV (May, 1948), pp. 52-55'. 363 Cohen, David L, "Finland Under the Guns," Atlantic, CIXJDCV (April, 1950), pp. 36-38. — Dancy, Eric. "Finland Takes Stock," Foreign Affairs, XXIV (April, 1946), pp. 513-525. --- - Kalijarvi, Thorsten V. "Finland Since 1939," Review of Politics, X (April, 1948), pp. 212-225. Leppo, Matti. "Finland's Public Finances Presented According to the International Method," Unltaa. Quarterly review, No. 1, Fohjolsmaiden Yhdyspankki, 1953, pp. 3-8. Sulkin, Sidney. "The Finnish Paradox," New Republic, CXIV (April 1, 1946), pp. 433-434. United Nations Publications Office. United Nations Bulletin XIV, No. 9 (May 1, 1953)7”p.“ Wuorinen, John H. "Finnish Treaty," American Academy of Political and Social Science, CCLVilf (iiay, pp. 327-336. Zllliacus, K. "Parliamentary Democracy in Finland," Parliamentary Affairs IX, No. 4 (Autumn, 1956), pp. 427—438.

4. Periodicals: Published in Finnish Brotherus, K. R. "Muutamia havaintoja puolueoloista eduskunnassa" [Various Observations on the Party Situation in the Diet], Valtio ja yhtelskunta, Valtiotleteellisen Yhdistyksen Vuoslkirja, 1$44, pp. 5-32. Holmberg, Hakon. "Muutamia havaintoja valtiontilintarkas- tajain vaallsta ja valtiontilintarkastajista ajalla 1919-1946" [Various Observations on the State Auditors and Their Elections During the Period 1919-1946], Valtio ja yhtelskunta, Valtiotleteellisen Yhdistyksen Vuosikirja, 1^4V, pp. 69-83. Jansson, Jan-Magnus. "Ferustusl&kivaliokunnan toiminta viimeaikasta kHyt&ntba slMmNllNpltken" [The Recent Activities of the Committee on Constitutional Law in its Surveillance Practise]. Valtio ja yhtelskunta, Valtiotleteellisen Yhdistyksen vuosikirja, 1952-1953, pp. 82-102. 364

LahtInert, Veikko 0. "V&hemmistBn laina‘A‘dd*dnnBlllnen veto­ ol keus Suomen valtiosaslnn'dn oukaann [Minority Legislative Veto-Right in Accordance With the Finnish Constitution], Valtlo ja yhtelskunta. Valtiotieteelli- aen Yhdlstyksen Vuosiklrja, 1950-1951, pp. 97-107. Kastari, Paavo, "Ministereitten lausuntojen ja kannan- ottojen merkityksest’A tasavallan presidentin ratkalstessa asiolta valtioneuvostossa" [The Signifi­ cance of the Statements and Positions of the Ministers in the Settlement of Matters by the President in the Cabinet], Valtlotleteelllaen Yhdlstyksen Vuosiklrja. 1941, pp. $9-63. . "Minlsterlvaliokuntia koskevia nAkUkohtia1* [Viewpoints Concerning Cabinet Committees], Valtio ja yhtelskunta, Valtiotieteellisen Yhdlstyksen Vuosiklr- 3a, 1947, p. 93. Kastari, Paavo. "MinisterlSlden ja valtioneuvoston toiminnan ratlonallsolmisesta" [The Rationalization of the Activities of the Ministries and the Council of Stately Lakimles, Suomalaisen Laklmlesyhdlstyksen Alkakauskirja, 1 vinko, 1947, p. 32. Puntlla, L. A. "Harvainvaltalsia kehltysilmibittt Suomen demokratiassa" [Oligarchical Trends in Finnish Democracy]* Valtlo Ja yhtelskunta, Valtiotieteellisen Yhdlstyksen Vuosikir3a, 195$, pp. 34-39. Seitkari, 0. "ValtiosA&ntomme perinteet autonomian ajalta" [Constitutional Traditions Inherited From the Period o f Autonomy], Valtio Ja yhtelskunta, Valtiotieteellisen Yhdlstyksen Vuosiklrja, 1964-1955* p. 34.

.§• Newspapers ’• Published in Finnish Ilta-Sanomat [Helsinki], No. 269, November 20, 1957* p. 3* cois. 1-2. Helslngin Sanomat [Helsinki], No. 276, October 12, 1957, p^ lA, col. 7. . No. 324, November 30, 1957, p. 10, cols. 3-7. . No. 336, December 2, 1957, p. 7, cols. 4-5. NykypAIvft [Helsinki], No. 10, October, 1957, p. 4, col. 1-5. 565

Uuai Suomi [Helsinki], No* 324, November 30, 1957, p. 1, col. 8. ______• No. 27, January 29, 1958, p. 5.

6. Bibliographies: Published in Finnish or English Eduskunnan Kir jasto. Eduskunnan kir.laston JulkalsuJa 2 [Library of Parliament Publications, .3]. lie la inklT Valtloneuvoaton Klrjapaino, 1957. Jaantlla, Kirsti. Political, Economic and Soelal Writings in Pos twar Finland: X Tfobilographioal Survey. European Affairs T5i Vi's ion, Library of Congress. Washington: Government Printing Office, 1952. Library of Parliament. Library of Parliament Publications 2: English. French and German Literature on Finnish Xaw in isecl-lSgff. He Is lhkl: Valtloneuvos'S^n ElrjapaTnoT T O . Neuvonen, Eero K. (comp,). A Short Bibliography on Finland, publications oT tfhirku University Library 7. TurEuT" Turku University Library Publications, 1955. Reinikainen, Veikko (toimlttaja). Suomen lalnopilllnen klrjallisuua, 1809-1948 [Literatureon iheStudy of Finnish. Law, 1809-1946]. Suomalaisen Laklmiesyhdistyksen Julkaisuja, C-Sarja, No. 3. Helsinki: Werner SSderstrbm Osakeyhtib, 1951. Series of Publications Issued by the Association FTnHIaL. Lawyers. Suomalainen Laklmiesyiiclistya. Helsinki” Suomalaisen Kirjallisuuden Seuran Kirjapaino Osakeyhtib, 1955. Vallinkoskl, J., and Henrik Schauman. Suomen His tori al- linen Bibliographia, 1926-1950 [Finnisn Historical Bibliography, 1926-1950]. Vol. I. Suomen Historialllsen Seuran Khslklrja IV:1. Helsinki: Forssan Klrjapaino Osakeyhtlb, 1955. 2* Political Parties * Regulations and Literature: Pub** Ip Finnish Kansalllnen Kokoomus Puolue# Kansallisen Kokoomuksen YlelsohJelma [The Rational Coalition [party;: General Program]« HeIslnkl: Suomalaisen KlrJaillsuuden KirJapaino OsakeyhtiB, 1957. # Kansalllnen Kokoomus r#y:n S’AAnndt [National doalitlon (party): Regulations]. Helsinki: Kauppalehti Osakeyhtlb Klrjapaino, 1950. Maalaisliitto. Maalaisllltto [The Agrarian Union (or The Country Peoples 1 Unioflj]. [Helsinki: ] Maalaiskuntlen Kirjapaino, n*d. ____ MaalalsliltonFuolueohjelma sek'A j'Ar jestSs'dttn* ndt [ m e Agrarian unions Party Program and Organizational Regulations]# Helsinki: Maalaiskuntlen Lllton Klrjapaino, 1951« Suomen Kansan Demokraattinen Liitto. SKDL: Kymmen- vuotias liitto [SKDL (Finnish Peoples Democratic Union): Ten Years Unionl. Helsinki: Kustannusosake* yhtib Yhtelsty^n Klrjapaino, 1954. ______. SKDL:n, Sosialdemokraattisen ja Maalalslilton eduskunt'aryhmien Yhtelsty'daoplmua fSKDL, Social Democratic and the Agrarian union Diet Groups1 Mutual Agreement]# Helsinki: Suomen Kansan Demokraattlnen Liitto, r.y., 1945. # Suomen Demokraattlsen Lllton Ohjelma [Finnish Peoples Democratic Union: Program T# Lahti: Lahden TyBvaen Kirjapaino OsakeyhtiB, 1951# Suomen Sosialdsmokraattinen Fuoluetoimlkunta# Suomen Sosialdemokraattisen Puolueen S&'AntBkokoelma Ffrhe Social democratic Party: Collected Regulations]. Helsinki: TybvUen Kirjapaino, 1956#

8. Unpublished Theses Myhrman, Anders Mattson. "The Swedish Nationality Movement in Finland#** Unpublished Doctor's thesis, The University of Chicago, 1957# 367

Swenson, Shirl H. "The Finnish Paradox." Unpublished Master's thesis, Georgetown University, Washington, Da C»} 1964,

9. Unpublished Materials: In Plrualah or English "Finnish Parliament," Undated informational pamphlet issued by the Finnish Legation in Washington, D, C., in 1965, 17 pp. (Mimeographed.) KansainvSlisten Kulttuurlaslain Toimikunta. Luettelo Suomen virastojen ja julklsten laltosten englannfnja ransicahkleiislstit nUmiatU "A'Listing of the Names or Finnish ices and Public Agencies in the English and French Languages]. Helsinki: Finnish Commission for International Cultural Relations, n,d, (Mimeographed •) Kekkonen, Urho, "J. K. Paaslkivi: Peacemaker— President." Undated Informational pamphlet issued by the Finnish Legation in Washington, D. C., in 1955. Translated from Finnish; translator not Indicated. 16 pp, (Mimeographed.) Oittlnen, R. H. "The Ideological Development of the Social Democratic Labor Movement in Finland." [Helsinki: Social Democratic party, n.d.], 63 pp, (Mimeographed,)

10, Miscellaneous: Published in Finnish Helslngln Ylloplsto. Suomen valtiokalenteri, 1968 Finland's State Calendar,1958], Helsinki: Wellin £GR53 s Osakeyhtlb, 1957. Jutikkala, E. (toimittaja)• Suomen historian kartaato [Atlas of Finnish History]1. Porvoo: Werner SSderatrttm Osakeyhtl'd, 1949. Salonen, Erkkl (toimittaja). Mit'A-Mlsstt-Mllloln: Kansa- laisen vuosiklrja [What-Where-When: People's Yearbook] Annually: 1951-1968. Helsinki: HustannusosakeyhtiS Otava. 368 11« Miscellaneous: Published In English

Punt 11a, £,. A. The Evolution of the Political Parties In Finland. HeTsinici: TydvfenTCIrjapaino, 1953. T W a p h l e t . )