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Introduction All public power in Sweden proceeds from the THE CONSTITUTION OF SWEDEN people. In most cases a state’s constitution is contained Swedish is founded on the free in a single document. Sweden, however, has formation of opinion and on universal four: and equal . It is realised through a • the 1974 Instrument of representative and parliamentary form of (which contains the central provisions government and through local self-government. and corresponds most closely to the constitution of other countries); Public power is exercised under the law. • the 1810 Act of Succession (which regulates the order in which descendants of the present King shall succeed to the A democracy that puts throne); the citizen in the centre • the 1949 Freedom of the Press Act (which contains the principle of the public nature Swedish democracy is founded on a universal of official documents and rules about the and equal right to vote and the free formation of right to produce and disseminate printed opinion. The Instrument of Government is not matter); based on the idea of a into legislative, and judiciary branches. • the 1991 Fundamental Law on Freedom Instead it is monistic, with a single power centre: of Expression (which is a fundamental law the citizens of the country. The citizens elect for media other than print media). the , the Riksdag – indirectly – elects There is also a law called the Riksdag Act, the Government, the Government governs the which contains provisions for the work of the country with the help of the administrative Riksdag (). The Riksdag Act is not a authorities, and the courts administer justice in fundamental law, though special rules govern its accordance with the directives laid down by the amendment. Riksdag in fundamental and other laws. This presentation will concentrate on the central aspects of the Instrument of Government. A representative form of government The basic principles of the form of government The citizens do not normally participate directly in decision-making, but do so indirectly Chapter 1 of the Instrument of Government through their elected representatives. Political begins with a gateway article, which will be the activities are primarily conducted through the point of departure for this presentation. It reads political parties, which are free associations of as follows: individuals. 4 One exception exists, however, to the Local self-government representative form of government: the referendum. Although the device has never According to the gateway article of the been employed, since 1979 it has been possible Instrument of Government, Swedish democracy to submit constitutional measures to a binding is to be realised not only through a representative referendum. Since 1922 it has also been possible and parliamentary form of government but to hold a consultative referendum. The result of also through local self-government. This is such a referendum is not legally binding, but can considered so essential that it is embedded in the probably be regarded as such in practice. country’s fundamental law. The Instrument of Government also states

THE CONSTITUTION OF SWEDEN that Sweden has local authorities at local Parliamentary government and regional level. The local authorities – municipalities and county councils – account for Sweden has a parliamentary government. This a very large proportion of the public sector. means that the has no political Democratic principles also apply in the local power and that the Government must have the government sector, with decision-making powers confidence of parliament or at least be tolerated in the municipalities and county councils being by parliament. A parliamentary majority must exercised by elected assemblies. These bodies always be able to force a government out of are responsible for local and regional matters office. The real power of the Government of public interest on the principle of local self- varies according to the support it enjoys in government. parliament and the current party constellations. Local self-government may be defined If it has a majority, power is concentrated in the as a principle whereby the local authorities Government’s hands. themselves control their own affairs. Other than It is symbolically significant that the matters that are the exclusive responsibility of Instrument of Government deals first with the the state, another municipality, another county Riksdag and only thereafter with the Head of council or some other body, it is the local State and the Government. authorities that are responsible for matters of public interest relating to the municipal or county council district and its inhabitants. The Local self-government presupposes that the municipalities and county councils have The Instrument of Government retains the economic resources of their own. The right of monarchical form of government – it stipulates the local authorities to levy has therefore that the King, or Queen Regnant, shall be Head been considered sufficiently important to be laid of State. But in keeping with the parliamentary down in the Instrument of Government. principle, the Head of State has no real power. 5

Rule of law disability, sexual orientation, age or any other THE CONSTITUTION OF SWEDEN circumstance affecting the individual. Finally it The Instrument of Government lays down is stated that opportunities shall be promoted that public power is exercised under the law. for the Sami people and for ethnic, linguistic This applies not just to the courts and the and religious minorities to preserve and develop administrative authorities but also to the a cultural and social life of their own. Government and the Riksdag. It applies equally to local and central government. The same purpose underlies the stipulation that courts Fundamental and freedoms of law, administrative authorities and others performing public administration functions The Instrument of Government gives a shall bear in mind in their work the equality of central role to those rights and freedoms that all persons before the law and observe objectivity are of particular significance for the form of and impartiality. government, i.e. the ‘political’ freedoms. In broad terms, the aim is to guarantee the free formation of opinion in political, religious and cultural Principal aims of public activity matters. The rules are also intended to protect the individual against inhuman punishment and The Instrument of Government establishes other physical or mental violations. certain principal aims of policy. It states that Certain of the rights and freedoms dealt with public power is to be exercised with respect in the Instrument of Government are absolute for the equal worth of all and the liberty in the sense that they cannot be restricted and dignity of the individual. The personal, other than by the amendment of fundamental economic and cultural welfare of the individual law. Others may be restricted by other kinds of are to be fundamental aims of public activity. In , mainly acts of law. particular, it is the duty of the public institutions Among the absolute rights and freedoms, the to secure the right to health, employment, following may be mentioned: housing and education, and to promote social – prohibition of capital punishment, care, social security, and favourable conditions corporal punishment and torture; for good health. It is further stated that the – freedom of worship; public institutions are to promote the ideals – protection from retroactive punishment; of democracy as guidelines in all sectors of – protection against coercion to reveal society and protect the private and family one’s opinion in a political, religious, lives of individuals. The public institutions are cultural or other such connection; to promote the opportunity for all to attain – protection against registration of a participation and equality in society. The public person’s political opinions; institutions are also to combat discrimination of – the right to a hearing before a court persons on grounds of gender, colour, national or when taken into custody. ethnic origin, linguistic or religious affiliation, 6 The following are rights and freedoms that can The Riksdag be restricted in an ordinary act of law, on certain conditions: The Riksdag, which consists of a single chamber, – freedom of expression and of is made up of 349 members. These are elected in information; a free, secret and direct . – freedom of assembly and to The voting age, like the age of eligibility demonstrate; for election, is 18. Voting is for parties, with – freedom of movement; an opportunity to express a preference for a – freedom of association; particular candidate. – protection against physical violation, The is proportional and

THE CONSTITUTION OF SWEDEN invasion of privacy and examination of includes a threshold. A party is entitled to confidential communications; participate in the distribution of seats only if – the right to a public trial. it obtains at least four per cent of the national vote. Four per cent of the vote corresponds to The Instrument of Government sets out in an allocation of fourteen seats in the Riksdag. general terms certain requirements that must Additionally, however, a party receiving fewer be taken into account when restricting rights votes may participate in the distribution of and freedoms. A restriction may be imposed fixed seats in a certain constituency in which it only to satisfy a purpose which is “acceptable in receives at least twelve per cent of the votes cast. a democratic society”. The restriction may not Ordinary are held every four years go beyond what is “necessary with regard to the on the second Sunday in September. Under purpose which occasioned it” and may not be certain conditions, the Government can call an carried “so far as to constitute a threat to the free extraordinary election. shaping of opinion as one of the fundaments of democracy”. The Instrument of Government furthermore stipulates that no restriction may The Head of State be imposed “solely on grounds of a political, religious, cultural or other such opinion”. Sweden is a monarchy and therefore has a King or Sweden has ratified a number of international Queen Regnant as Head of State. The succession conventions in the field of fundamental rights to the throne is regulated under the 1810 Act of and freedoms, the most important being the 1950 Succession. The qualifying age for a Head of Council of Convention for the Protection State was lowered in 1994 from 25 to 18. The Head of Human Rights and Fundamental Freedoms. of State has no political power. The duties of the Sweden has incorporated the Convention and Head of State instead lie on the representational most of its additional protocols into Swedish and ceremonial level. It is therefore important law. The law on the Convention came into force for the Head of State to be well informed, and in 1995. for this reason special informational councils 7

may be held by the Government. The Head of The strong position occupied by the Prime THE CONSTITUTION OF SWEDEN State presides over these informational councils, under the Instrument of Government and also over the special Council at which a new is striking. It is the Prime Minister alone who Government is formed after the approval by the appoints the other ministers and allocates Riksdag of a new Prime Minister. The Head of ministries and responsibilities to them. The State opens parliament and presides at meetings Prime Minister can dismiss another minister, of the Foreign Affairs Advisory Council. No if he or she wishes to. And when the Prime decisions of a political nature are taken on these Minister goes, the Government falls. occasions. If the Riksdag declares that the Prime Minister or any other minister no longer enjoys the confidence of the Riksdag, the is to The Government remove the minister concerned. If the Prime Minister does not choose to The Government consists of the Prime Minister resign after an election, the newly assembled and other ministers. There is a lower limit for Riksdag takes a mandatory vote on support the number of ministers. At least five ministers for the Prime Minister. If more than half the must be present at a government meeting to members of the Riksdag oppose the sitting Prime make a decision on a matter of government Minster, the Prime Minister will be discharged business. There is no upper limit. To be by the Speaker and the process of approving a appointed a minister, a person must be a Swedish new Prime Minister will commence. citizen. A minister may not have any other paid employment. Nor may a minister hold any other appointment or engage in any activity that The work of the Government might damage public confidence in the minister. The Government’s task is to govern the country. This governing function includes all matters The formation of a government that are not legislative matters, adoption of the national budget, administration of justice, or The proposes the administrative matters below government level. name of a new Prime Minister to the Riksdag. The Government governs by making decisions Before doing so, the Speaker must consult on matters of government business. There representatives of the various party groups and are two main types of government business: confer with the Deputy Speakers. If more than matters relating to the governing function, half the members of the Riksdag vote against the often of a political nature, for example bills for proposal, it is rejected. Otherwise, it is approved. presentation to parliament, treaties and statutory If the proposal is rejected, the Speaker must instruments; and administrative matters, such as return to the Riksdag and make a new proposal. matters relating to appointments and appeals If his or her proposals are rejected four times, against decisions. new elections to the Riksdag must be held. 8 The Instrument of Government lays down Judicial review that government offices shall exist for the preparation of government business. These According to the Instrument of Government, offices comprise a single authority, which not only a court of law, but also any public includes ministries for different areas of activity. authority or other public body applying a rule At present (2013) there are eleven ministries. of law or other statute in a particular case is to Besides the ministries, the Government Offices act as a guardian of the Swedish basic laws when include the Prime Minister’s Office and the adjudicating the case. Thus, any court or public Office for Administrative Affairs. Government body that finds that a provision conflicts with meetings are held to make decisions on matters a rule of fundamental law or any other superior

THE CONSTITUTION OF SWEDEN of government business. The Government statute, or finds that a procedure laid down in makes decisions collectively. There is no precise law has been disregarded in any important regulation of decision-making at government respect when the provision was adopted, shall meetings. not apply that provision.

The independence Parliamentary control of courts and authorities Under the Instrument of Government, the The Instrument of Government’s regulation Government is accountable to the Riksdag. of the administration of justice and general The core of parliamentary control consists administration is aimed primarily at protecting of the rules concerning the Government’s the independence of judicial and administrative obligation to resign. Thus, the Riksdag can bodies. Thus, judges are in principle irremovable. declare that a minister no longer enjoys the Also of importance are the provisions that limit confidence of parliament. A minister who is the the powers of the Riksdag and the Government subject of a declaration of no confidence must be to intervene in judicial rulings. According to discharged. If the declaration of no confidence is these provisions, no public authority, including directed against the Prime Minister, the entire the Riksdag, may determine how a court of law Government must be discharged. is to adjudicate an individual case or otherwise Another important feature of parliamentary apply a rule of law in a particular case. Nor control is the examination of ministers’ may any public authority decide how judicial performance of their official duties and the responsibilities are to be distributed amongst handling of government business, which is the judges of a court of law. Similarly, no public entrusted to the Committee on the Constitution. authority may determine how an administrative The underlying idea is that in the first instance, authority is to decide in a particular case this scrutiny should be administrative rather involving the exercise of public authority vis-à- than political in orientation. It relates largely to vis a private subject or a local authority, or the the activities of the Government as the supreme application of law. administrative authority but is also concerned 9

with the manner in which the Government Relations with other states THE CONSTITUTION OF SWEDEN exercises its power to make statutory instruments and delegate regulatory powers to subordinate In earlier times, foreign policy was to a large administrative authorities and local authorities. extent the personal preserve of the . The Committee on the Constitution is obliged As parliamentary government gradually gained to report to the Riksdag on the results of its ground, the influence of the Riksdag grew. The scrutiny at least once a year. Advisory Council on Foreign Affairs in the The parliamentary questions system, which Riksdag – which the Government is obliged to includes written and oral questions, is another inform of “matters relating to foreign relations feature of the parliamentary control system. A which may be of significance for the Realm” written or oral question must be addressed to a – was set up shortly after the First World War. minister and relate to the performance of the At the same time the Riksdag was guaranteed minister’s official duties. influence over Swedish treaties with other states. The Parliamentary Ombudsmen – there are All treaties that required a Riksdag decision (an four Ombudsmen at present – commonly referred act of law or a grant of funds, for example) had to as the Ombudsmen for Justice, supervise to have Riksdag approval. These principles are “the application of laws and other regulations still valid. in public activities”. The Ombudsmen can In Sweden, regulations may be made and criticise the handling of a matter by a court of other functions performed only by law or an administrative authority. The office bodies whose competence has direct support of the Parliamentary Ombudsmen has served as in fundamental law or is authorised by virtue a model for similar institutions in a number of of fundamental law. Thus, delegation of other countries. decision-making competence to a foreign or The National Audit Office is an authority international body requires the express support under the Riksdag whose function is to examine of fundamental law. the activities of the State. The National Audit One consequence of this is that as far as Sweden Office is under the direction of three Auditors is concerned, the provisions of international General, who decide independently what agreements are limited in validity to Sweden activities shall be audited. They determine as a state. If Sweden makes an undertaking separately and independently how their audit under such an agreement, it is not binding on shall be carried out and formulate their own Swedish citizens until it has been incorporated conclusions on the basis of their audit. The into Swedish law. This can be done in various National Audit Office is the only body that can ways, for example by rewriting the agreement as audit the entire state finances. a Swedish statute, or by promulgating the text of the agreement in Swedish translation (or, more rarely, in the original) as a Swedish statute. 10 Sweden and the European Union On 1 January 2003, the beneficiary of the transfer of powers was changed from the EC Sweden has been a member of the European to “within the framework of European Union Union since 1995. The application for cooperation”. The change was necessary due membership was initially filed in July 1991 and to the development of EU cooperation and after protracted negotiations, and approval Sweden’s eagerness to continue to be an active by the Riksdag, an accession agreement was member. At the same time another condition signed in June 1994. It was also decided that for transferring powers was inserted into the the question of accession should be put to a Instrument of Government, to the effect that the referendum, which was held in November 1994. transfer may not relate to competence affecting

THE CONSTITUTION OF SWEDEN Once the result was known, the constitutional “the principles of the form of government”. In amendments necessary for accession were finally 2008 the Riksdag applied the provision in this approved in time for them to come into force on wording when it approved the Lisbon Treaty. 1 December 1994. On 1 January 2011 a new article was included It was clear from the very outset of talks on in Chapter 1 of the Instrument of Government accession that the Instrument of Government stating that “Sweden is a member of the European did not permit the far-reaching delegation of Union”. At the same time a new quorum rule regulatory authority that accession required. was inserted in the provision on the transfer When it finally came to formulating a rule on of decision-making powers, stating that the the transfer of authority in the Instrument of Riksdag may decide to transfer decision-making Government, Sweden chose an amendment – a powers if at least three quarters of the members new article – aimed at accession to the European voting “and more than half of the members of Communities. One important condition for the Riksdag” support the decision. transferring decision-making powers to the EC bodies was that the Communities had safeguards for rights and freedoms corresponding to those enshrined in the Instrument of Government and the European Convention for the Protection of Human Rights and Fundamental Freedoms. A majority voting rule was also adopted, stating that the decision on the transfer of powers was conditional on at least three quarters of the members of the Riksdag voting in favour of such a decision. Production: Ministry of Justice Photo: Lisa Arvidsson Printed by Elanders, August 2013 Sweden has four fundamental laws which together make up the Constitution: the Instrument of Government, the Act of Succession, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. This presentation concentrates on the central aspects of the Instrument of Government.

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