Talk:perustuslakioikeus

Latest comment: 7 years ago by Hekaheka in topic RFD discussion: March–April 2017

RFD discussion: March–April 2017 edit

 

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The correct term is valtiosääntöoikeus. This is a false calque of constitutional law. Valtiosääntö means "the formal or informal system of primary principles and laws that regulates a government or other institutions", whereas perustuslaki means the specific the statute laying down those principles in plain provisions. You can get a good hint of this by checking the Wikipedia links of valtiosääntöoikeus.[1] -- Puisque (talk) 22:09, 24 March 2017 (UTC)Reply

Sounds like a matter for RFV. If the term is attested, we should keep it, even if it seems "wrong". —Aɴɢʀ (talk) 22:22, 24 March 2017 (UTC)Reply
It may not be exact legal terminology, but it is used in respectable media: YLE[2], Helsingin Sanomat [3], University of Jyväskylä[4]. --Hekaheka (talk) 09:25, 9 April 2017 (UTC)Reply
The confusion arises from the fact that "constitution" has two legal senses and each has its own translation into Finnish: valtiojärjestys (system of principles that regulate a government) and perustuslaki (document that describes such system). In common usage the term perustuslaki more or less covers both concepts.
On legal side, we have the law 731/1999, titled perustuslaki and translated as "constitution" into English. Its first paragraph is titled valtiosääntö and translated as "constitution" into English. The translation of this paragraph (Finnish in brackets):
Finland is a sovereign republic. The constitution (valtiosääntö) of Finland is established in this constitutional act (perustuslaki). The constitution (valtiosääntö) shall guarantee the inviolability of human dignity and the freedom and rights of the individual and promote justice in society.
Finland participates in international co-operation for the protection of peace and human rights and for the development of society. Finland is a Member State of the European Union (1112/2011, entry into force 1.3.2012).
The term valtiosääntöoikeus refers to a branch of law which deals with fundamental rights of people and the principles by which a state is governed. Perustuslakioikeus seems to be used of foreign (non-Finnish) constitutional courts. It cannot refer to the Finnish constitutional court because there is none. Instead, we have the perustuslakivaliokunta (Constitutional Law Committee) of the eduskunta (parliament) which screens the proposed legislation and decides whether it conforms with the constitution. --Hekaheka (talk) 22:06, 9 April 2017 (UTC)Reply

I have edited the entry perustuslakioikeus according to the discussion above. The term is attestable and I have removed the RFD tag from the page. --Hekaheka (talk) 22:40, 9 April 2017 (UTC)Reply

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