Fundamental rights

While other work packages look at study the construction of rights in law-making, this section examines rights by legal means. We focus on the rights of silent agents by interpreting and reconstructing legal arguments. The degree to which social groups and social rights are included in legislation is currently particularly weak. However, bills should meet constitutional requirements, including the protection of the fundamental rights of individuals regardless of their social position. Bills should also respect human rights as defined in international agreements. Fundamental and human rights form the basis for the assessments on the constitutionality of each bill. During the legislative process, fundamental and human rights issues are raised by several different agents and experts; however, these concerns are not always sufficiently addressed during the process as a whole.

We will examine how the requirements of democratic legitimacy, legal protection, and the rule of law are considered during legislative processes, including regulating the use of algorithms in public administration. We will also analyse the effects of the COVID-19 emergency regulations on the rights of silent agents. In addition, this wclarifies aims to clarify the legal nature of the animal welfare requirements set out in animal welfare legislation. We will also look at the constitutional rights of silent agents and the legislative development that is required. The work package will consider how public authorities communicate opportunities for participation in legislative work, and we will seek to identify the specific forms of participation that are necessary for silent agents.

Professor Janne Salminen from the Faculty of Law at the University of Turku leads this section, and postdoctoral researcher Hanna Hämäläinen also works in this work package. See Research Group for more contact information.

More on this theme

Hämäläinen, H., Kuortti, K. & Salminen, J. (2023) COVID-19-pandemia ja rajoitustoimenpiteet vankiloissaLakimies 2/2023, 224–249.

Hämäläinen, H., Kuortti, K. & Salminen, J. (2022) COVID-19-pandemia vaikutti suuresti vankiloihin ja vankien elämään. Haaste 3/2022.