- Project Runeberg -  A Précis of the Public Law of Finland /

(1889) [MARC] Author: Leo Mechelin Translator: Charles J. Cooke
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Note: Translator Charles J. Cooke is or might still be alive. Therefore, this work is protected by copyright, restricting your legal rights to reproduce it. However, you are welcome to view it on screen, as you do now. Read more about copyright.

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must take the oath to serve the Sovereign and


the fatherland honestly and faithfully.

To observe and apply the laws is the general
duty of every public servant, who must
moreover execute the orders of his chiefs and of the
higher authorities.

If the order given to an official is contrary to
law, whom must lie obey ?

The law itself gives no direct answer to this
question ; it is a matter of principle.
Administrative discipline seems disinclined to admit
that a subordinate should have the right to
criticise orders given to him by his immediate
superior. It is clear that he will be wrong if
he opposes the execution of a measure because
he himself does not consider it useful. But a
functionary, accused of disobeying the
commands of his superior, will not be punished if
it is shown that the command was contrary to
law. It is not a blind obedience, but a loyal
and intelligent obedience, that the constitution
of the State exacts from its servants.

Judges, however, in the exercise of their
functions, are under no obligation to conform

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