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Guarding the Constitutionality of Laws in the Nordic Countries: A Comparative Perspective

Guarding the Constitutionality of Laws in the Nordic Countries: A Comparative Perspective JAAKKO HUSA Guardin g th e Constitutionalit y of Law s i n th e Nordic Countries : A Comparativ e Perspective 1. INTRODUCTION When national systems of Constitutional Law are studied, very often it is from an international point of view, since th e essence of th e Constitutional Law can be seen as a part of a greater body of consti­ tutional tradition tha t crosses national borders. Research, including comparative aspects, ha s shown tha t surprising similarities exist be­ tween Constitutions (or more narrowly the formal Constitutional acts, i.e., Basic Laws) when general principles and structures are re­ garded. These similarities may be seen in matters concerning the norms of Constitutions, the structures of th e formal Basic Laws and constitutional institutions. Despite all the similarities in systems, differences are also fre­ quent, even though the character of basic concepts, problems and their constitutional solutions are reminiscent of each other. Regard­ less of th e similarities in the "basic solution models," ther e are usu­ ally remarkable differences between systems—at least technical— even when ther e is a general agreement on certain fundamental mat­ ters . A general rule is tha t the deeper the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Guarding the Constitutionality of Laws in the Nordic Countries: A Comparative Perspective

Husa, Jaakko
American Journal of Comparative Law , Volume 48 (3) – Jul 1, 2000
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Publisher
Oxford University Press
Copyright
© 2000 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840859
Publisher site
See Article on Publisher Site

Abstract

JAAKKO HUSA Guardin g th e Constitutionalit y of Law s i n th e Nordic Countries : A Comparativ e Perspective 1. INTRODUCTION When national systems of Constitutional Law are studied, very often it is from an international point of view, since th e essence of th e Constitutional Law can be seen as a part of a greater body of consti­ tutional tradition tha t crosses national borders. Research, including comparative aspects, ha s shown tha t surprising similarities exist be­ tween Constitutions (or more narrowly the formal Constitutional acts, i.e., Basic Laws) when general principles and structures are re­ garded. These similarities may be seen in matters concerning the norms of Constitutions, the structures of th e formal Basic Laws and constitutional institutions. Despite all the similarities in systems, differences are also fre­ quent, even though the character of basic concepts, problems and their constitutional solutions are reminiscent of each other. Regard­ less of th e similarities in the "basic solution models," ther e are usu­ ally remarkable differences between systems—at least technical— even when ther e is a general agreement on certain fundamental mat­ ters . A general rule is tha t the deeper the

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jul 1, 2000

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