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| Titel: | Scandinavian Studies in Law Volume 70 – Constitutional Law in the Scandinavian Countries - A Tribute to the Instrument of Government 1974-2024 | | Utgivningsår: | 2024 | | Omfång: | 380 sid. | | Förlag: | Jure | | ISBN: | 9789185142842 | | Produkttyp: | Inbunden | | Typ av verk: | Samlingsverk | | Serie: | Scandinavian Studies in Law nr. 70 | | Ämnesord: | Offentlig rätt
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Pris: 717 SEK exkl. moms  |  The Instrument of Government (the Constitution), which is one of the four
fundamental laws that make up the Swedish Constitution, was adopted on 6
March 1974. At this time, popular sovereignty was dominant in both theory and
practice, which meant that the position of the Parliament (Riksdag) was very
strong. Popular sovereignty was implemented by, inter alia, negative
parliamentarism, whereby the Government can remain in power provided it does
not receive an absolute majority of votes against it. The role of the Head of State,
which in Sweden is the monarch, had already been greatly reduced to ceremonial
functions only. The courts, which both in theory and practice lacked any real
power of judicial review, played a subordinate role. Individual rights were less
pronounced and there were few cases in which such issues were adjudicated at
all. This was also true in general for cases with constitutional elements. Training
in constitutional law for prospective lawyers was also rather meagre fifty years
ago: there were few legal sources to work with and the subject was dominated
by political scientists rather than lawyers.
Today, fifty years later, we see that the state of affairs - both on paper to some
extent but mostly in practice - has changed. While the principle of popular
sovereignty remains firmly entrenched in the Constitution - and unchanged de
lege lata over the years - it has taken on a different meaning as a result of
Sweden’s membership in the European Union (EU). The Act on Sweden's
Accession to the EU (Lag (1994:1500) med anledning av Sveriges anslutning till
Europeiska unionen) transferred some normative power from the Swedish
Parliament to the EU institutions to take decisions that have legal effects in
Sweden. The position of the Head of State remains unchanged, but there have
been other developments in the distribution of power in Sweden. In practice,
Sweden has moved from a separation of functions (in the 1970’s form of
Constitution) to a de facto separation of powers (the current form of
Constitution). This is not directly stated but is in part a consequence of the central
role played by the Member States' courts in the EU legal system. Indeed, the
Swedish courts are responsible for ensuring the effective application and
enforcement of EU law (including the European Convention on Human Rights)
within Sweden. Moreover, the position of the Swedish courts was strengthened
in the 2010 reform of the Instrument of Government when a new Chapter 11 on
the Administration of Justice was added. At the same time, the power of judicial
review was significantly strengthened when the so-called requirement of
obviousness (uppenbarhetsrekvisitet) was removed.
Sweden’s membership in the EU also has increased the importance of
individual rights. This can be seen not least in Chapter 2 on Fundamental Rights
and Freedoms in the Instrument of Government, which has been greatly
expanded over the years. The significance of individual rights in Sweden is also
apparent today in the legislative process, the court practice and the legal
education.
Table of Contents
The Swedish Perspective
Easy Come, Easy Go? - The Government Commissions of Inquiry as a Possible Additional Ex-ante Guarantor of Constitutional Compliance
Jaan Paju
Constitutional Limits on Restrictions of Fundamental Rights: From legislative discretion to judicial balancing
Carl Lebeck
Some Reflections on Extended Judicial Review in Sweden after the Constitutional Reform in 2010
Joakim Nergelius
Legislative Powers in a Peace Time Crisis: A Nordic Perspective
Anna Jonsson Cornell
A Legal Historical Approach to the Rules on the Distribution of Legislative Competence and the Question of Private or Public
Andreas Knutsson
Is There a Swedish Constitutional Exceptionalism?
Olof Wilske
A European Perspective
The Council of Europe in Defence of Democracy ~
Some Reflections Following the Reykjavik Summit 2023
Erik O. Wennerström
“Europeanisation”
Claes Granmar
A Comparative Perspective
Adjudicating Election Irregularities in Iceland: Reviewing the role of Parliament following the 2021 elections and Mugemangango v Belgium
Kári Hólmar Ragnarsson
“Regular Powers are No Longer Enough” – Checks and Balances in Declaring a State of Emergency according to the Constitution of Finland
Tuukka Brunila and Janne Salminen
Danish and Swedish Dynastic Protection of Norway’s Popular Sovereignty in 1814
Ola Mestad
The Mink Case and Some Legal Implications
Michael Hansen Jensen and Jørgen Albæk Jensen
The Nordic Constitutions
The Instrument of Government (1974:152) up to and including Swedish Code of Statutes (SFS) 2022:1600
The Constitution of Finland 11 June 1999 (731/1999, amendments up to 817/2018 included)
The Constitutional Act of Denmark of June 5th, 1953
The Constitution, as laid down on 17 May 1814 by the Constituent Assembly at Eidsvoll, subsequently amended, most recently by Resolution of 15 May 2023
Constitution of the Republic of Iceland (No. 33, 17 June 1944, as amended 30 May 1984, 31 May 1991, 28 June 1995 and 24 June 1999)
Contributors | | |
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