Constitutional Law in the Scandinavian Countries

978-91-85142-84-2

Authors in this edition: Karin Åhman, Tuukka Brunila, Claes Granmar, Michael Hansen Jensen, Kári Hólmar Ragnarsson, Anna Jonsson Cornell, Andreas Knutsson, Carl Lebeck, Ola Mestad, Joakim Nergelius, Jaan Paju, Janne Salminen, Erik O. Wennerström, Olof Wilske

Published by Scandinavian studies in law, June 2024

A tribute to the Instrument of Government 1974-2024 (May 2024)

When the Swedish Instrument of Government was adopted in 1974, popular sovereignty and a strong Parliament (Riksdag) prevailed. The courts played a subordinate role, individual rights were less prominent, and constitutional cases were rarely adjudicated. Fifty years later, Sweden has moved from a separation of functions to a de facto separation of powers. Popular sovereignty remains firmly entrenched, but it has taken on a different meaning as a result of Sweden’s membership in the European Union (EU). In 2010, therefore, the Instrument of Government was reformed which strengthened the position of the Swedish courts. The significance of individual rights has also increased as a result of Sweden’s membership in the EU, the incorporation of the European Convention of Human Rights into Swedish law, and the expansion of Chapter 2 on Fundamental Rights and Freedoms in the Instrument of Government.

This volume is a collaboration between Swedish and other Nordic researchers to celebrate the anniversary of the Swedish Instrument of Government. The events of our recent past, characterised by pandemics, terrorist threats and repressive legislation to deal with serious crime, demonstrate that Constitutional issues are even more relevant today than ever.

The Volume editor for this volume is Professor Karin Åhman.

Foreword

Karin Åhman

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 5–8

Easy Come, Easy Go? – The Government Commissions of Inquiry as a Possible Additional Ex-ante Guarantor of Constitutional Compliance

https://doi.org/10.53292/7241d855.26abe5b3

Jaan Paju

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 11–26

Constitutional Limits on Restrictions of Fundamental Rights: From legislative discretion to judicial balancing

https://doi.org/10.53292/7241d855.a08ff25c

Carl Lebeck

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 27–46

Some Reflections on Extended Judicial Review in Sweden after the Constitutional Reform in 2010

https://doi.org/10.53292/7241d855.c31354d7

Joakim Nergelius

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 47–58

Legislative Powers in a Peace Time Crisis: A Nordic Perspective

https://doi.org/10.53292/7241d855.0fa45fed

Anna Jonsson Cornell

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 59–70

A Legal Historical Approach to the Rules on the Distribution of Legislative Competence and the Question of Private or Public

https://doi.org/10.53292/7241d855.469374c2

Andreas Knutsson

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 71–98

Is There a Swedish Constitutional Exceptionalism?

https://doi.org/10.53292/7241d855.129abd2d

Olof Wilske

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 99–114

The Council of Europe in Defence of Democracy. Some Reflections Following the Reykjavik Summit 2023

https://doi.org/10.53292/7241d855.da987f9f

Erik O. Wennerström

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 117–138

Europeanisation

https://doi.org/10.53292/7241d855.60a336ad

Claes Granmar

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 139–190

Adjudicating Election Irregularities in Iceland: Reviewing the role of Parliament following the 2021 elections and Mugemangango v Belgium

https://doi.org/10.53292/7241d855.9d71678f

Kári Hólmar Ragnarsson

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 193–214

“Regular Powers are No Longer Enough” – Checks and Balances in Declaring a State of Emergency according to the Constitution of Finland

https://doi.org/10.53292/7241d855.6c4f7c63

Tuukka Brunila

Janne Salminen

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 215–232

Danish and Swedish Dynastic Protection of Norway’s Popular Sovereignty in 1814

https://doi.org/10.53292/7241d855.df7ed256

Ola Mestad

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 233–250

The Mink Case and Some Legal Implications

https://doi.org/10.53292/7241d855.013fe93f

Michael Hansen Jensen

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 251–264

The Instrument of Government (1974:152) Up to and including Swedish Code of Statutes (SFS) 2022:1600

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 267–296

The Constitution of Finland 11 June 1999 (731/1999, amendments up to 817/2018 included) Translation from Finnish Legally binding only in Finnish and Swedish

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 297–324

The Constitutional Act of Denmark of June 5th, 1953

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 325–342

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

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 343–364

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)

Published in Constitutional Law in the Scandinavian Countries, June 2024 s. 365–376