Markku Suksi

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• Dr.
• Professor at Åbo Akademi University

It appears that society is undergoing a paradigm shift due to digitalization and automation. The increasing use of automated procedures poses a significant challenge to the rule of law; accordingly, law-makers have become more active in regulating algorithmic systems in different ways. With new, dynamic ideas being formulated about how to regulate...

The rule of law requirements concerning automated decision-making are approached from the viewpoint of formal, procedural, and material requirements. The chapter argues that in addition to a clear legal basis for automated decision-making, formal rule of law also contains the requirement that automated decision-making should be based on legal reaso...

New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congr...

Various due process provisions designed for use by civil servants in administrative decision-making may become redundant when automated decision-making is taken into use in public administration. Problems with mechanisms of good government, responsibility and liability for automated decisions and the rule of law require attention of the law-maker i...

Rättsstatlighet, god förvaltning och ämbetsansvar vid automatiserat beslutsfattande 1 Inledning Användningen av automatiserat beslutsfattande (härefter: ABF), ibland benämnt algoritmiskt beslutsfattande, är stadd i ökning inte enbart inom den privata sektorn (banker, försäkringsbolag, etc.), utan även inom den offentliga sektorn, där olika beslutsp...

The chapter analyses the obligation of the public authorities and of the shipowner to remove a wreck. The legal setting is a fragmented one where several international agreements govern the matter, but few address it in detail. The focus of the chapter is on Finnish law - from the perspectives of pollution risk, traffic safety and of waste legislat...

This book analyses a middle position between single enumerations in a regular federal-like and a regular autonomy-like distribution of legislative powers by examining constitutional legislation in three countries (Canada, Denmark and Finland) that have established separate enumerations for the national level and the sub-state level. The sub-state l...

The article deals with Section 28 of the Swedish Act on Administration that makes possible, by means of a general provision, to make administrative decisions by means of automated decision-making.

The following chapter deals with Nordic territorial autonomies found in Denmark and Finland and with non-territorial cultural autonomy created for the indigenous Sami populations in Finland, Norway and Sweden. I addition minority situations in all Nordic countries will be discussed.

Making of administrative decisions by means of automatised decision-making.

The judicial resolution of claims of self-determination by national courts is still exceptional, but rulings seem to be increasing. This paper aims to compare the adjudication of claims of self-determination by constitutional or supreme courts. It will look at three judicial pronouncements from three jurisdictions: the Judgment of the Constitutiona...

In spite of careful delineation of national and sub-state competences in the enumerations of the fundamental documents, competence disputes will nonetheless arise in most countries with distribution of power provisions. For the resolution of such disputes, the fundamental documents may establish one or more mechanisms. Here, the focus will be on th...

In the Canadian Constitution, the Constitution Act 1867 [For the Constitution Act, 1867, see http://laws-lois.justice.gc.ca/eng/Const//index.html#docCont (accessed on 4 January 2018).], the principal enumeration of competences for the two law-making spheres is established in Section 91 on the powers of the Parliament and Section 92 on the exclusive...

In the continental European legal tradition and consequently also in Denmark and Finland, a division of the legal order into public law and private law is carried out on grounds which generally imply that legislation which establishes a vertical relationship of a non-dispositive nature between public authorities and individuals, including public po...

The enumerations of legislative powers purport to be exhaustive, that is, to cover all conceivable legislative matters, or at least those conceived of at the time when the enumerations were first enacted. Over the course of time, new matters have been placed on the lists by way of constitutional amendment in Canada and Finland, and in Denmark a cha...

From its early days, the European Union or, as it first was called, the European Economic Community and the European Community, has tried to come to terms with its relationship with the Member States by establishing a federal-like distribution of legislative competences and by defining itself as an independent legal order based on the notion of pri...

It is fully legitimate and permissible under international human rights law to limit the right to vote to the citizens of the State. The relationship between sovereignty, citizenship and the right to vote is to some extent self-evident and undramatic. However, the triangular relationship between the three concepts is an important background factor...

This article argues that reports from election observation missions can constitute evidence and shows that they are occasionally being used as evidence when regional human rights bodies are resolving human rights cases that deal with elections. The practice has so far been confined to regional human rights jurisprudence. Between 1998 and April 2016...

The Cold War and the more modern phenomenon, cyber war, are normally associated with States. As subjects of international law, States engage in regular warswith each other, or at least that is the common perception. States are also the entities that normally resolveconflicts between each other and conclude peace treaties. The methods of warfare hav...

Unitary states such as the People’s Republic of China (hereinafter given as China) and Finland are much less monolithic in terms of institutional design than the reference to the unitary nature of the state indicates.1 Although this may be a surprise to the outside observer, the flexibility in the internal state structure signals an implementation...

Autonomy provides a framework that allows for regions within countries to exercise self-government beyond the extent available to other sub-state units. This book presents detailed case studies of thirteen such autonomies from around the world, in which noted experts on each outline the constitutional, legal and institutional frameworks as well as...

The Åland Islands Settlement of 1921 before the League of Nations confirmed the domestic autonomy arrangement of 1920 in a conflict resolution context and at the same time added some special rights that the inhabitants of the Åland Islands would be allowed to enjoy. The international guarantees for the Swedish character of the islands have been cha...

There is a lack of terminological clarity in the study of territorial autonomy and federalism.1 The concept of autonomy is not clear-cut, but must be understood in relation to other forms of sub-state governance, notably federalism, which in its classical form denotes symmetrical constituent states across the entire territory, with institutional re...

Although the Memel case is relevant for other elements of territorial autonomy, it actually arose on the basis of contacts that the government of Memel made directly with a government of a third state. The PCIJ held that this was ultra vires and indicated at the same time one material area which seems to be of constant importance in the sub-state c...

Federalism is one form of sub-state organization, but federal forms of organization are often dealt with in such a broad fashion that clear cases of non-federal entities are included in federalism. However, a distinction between territorial autonomy and federal forms of organization can be made by using institutional and material criteria and by co...

The Memel Territory that existed in Lithuania between 1924 and 1939 was originally created on the basis of a convention that included the autonomy statute for Memel. The intention was to allow this territory, which was part of Germany until the First World War, and its predominantly German-speaking population govern itself as an autonomous part of...

Territorial autonomy, as sub-state arrangements in general, is an organizational framework that facilitates participation, because the powers that a sub-state entity has been vested with have to be managed in a decision-making structure that fulfils the ordinary requirements of legitimacy. Elections are therefore presupposed as a participatory mech...

In the daily management of issues within a sub-state entity, the reasons that resulted in the creation of the sub-state arrangement are often in the background. Instead, the executive power of sub-state arrangements is consumed by the material areas of law that the law-making power of the sub-state entity has created on the basis of the distributio...

The powers that a sub-state entity has is examined from the point of view of the enumerated and residual nature of the powers that the sub-state entity has, on the one hand, and the state has, on the other. The exclusive nature of the law-making powers accorded to the sub-state entity indicates that the entity is truly autonomous (Hong Kong, the Ål...

Territorial autonomy is often put forward as a possibility to resolve conflicts. The six sub-state entities examined here and the Memel Territory, too, display different approaches to conflict resolution and conflict prevention. The range of conflict resolution goes from prevention of secession and war via decolonization issues to anticipation of a...

The study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ: distribution of powers, participation through elections and referendums, executive power...

Autonomies around the world1 as a form of organization at the sub-national level show a number of common features or dimensions that offer a basis for comparisons. The comparisons, in turn, can be used for the purposes of explaining the legal effects of various forms of autonomy and for outlining the reasons for differences and similarities. What a...

The conference has dealt with the intriguing issue of one country, two systems and three legal orders. While such a situation is not entirely unique, at least as concerns the existence of multiple legal orders in one country, the particularities of the Chinese context are extraordinary. Due to extensive treatment of a number of issues in this volum...

Arguably, other forms of autonomy also exist than territorial autonomy with law-making powers, such as personal autonomy, cultural autonomy and functional autonomy as well as autonomies with administrative or regulatory powers. The existence of such diff erent forms of autonomy should be kept in mind when the term `autonomy' is used and the context...

It is possible to distinguish functional autonomy, consisting of various administrative arrangement, as a specific form of autonomy on the top of territorial, cultural and personal autonomy. Functional autonomy may be understood as an organizational option for the provision of adequate linguistic services to a minority population in respect of a ce...

For an attempt to establish an institutional content for personal autonomy, it is submitted that the reference to `community' in Article 27 of the CCPR implies a certain form of organization. Persons who belong to minorities shall have the complete freedom to organize themselves in associations of various kinds in order to pursue common aims. The n...

Finland has traditionally relied on the representative form of government, with very limited experience of the deployment of the referendum in national decision-making. It may be said, however, that the institution of the referendum has been a dormant feature in Finnish politics, popping up occasionally at least as an idea and in the form of a poli...

Diss. -- Åbo Akademi.

Three different forms of national decision-making or modes of internal sovereignty constitute the basis for the existence of various ideal types of referendum. Historical evidence (ancient Greece and Rome, France, Switzerland, the United States, Germany, and Hungary) and case law (the United States) suggest that political systems tend to vary betwe...