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    Sweden, the EU, and Judicial Review
    Sweden, the EU, and Judicial Review
    Sweden, the EU, and Judicial Review
    Ebook52 pages34 minutes

    Sweden, the EU, and Judicial Review

    By Shawnna Robert

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    A brief history of judicial review in Sweden is outlined. Following an overview of the current legal codification and the courts interpretation of this ability, the book examines how the European Union has impacted the understanding and use of judicial review within Sweden. Next, the proposed changes to the Constitution regarding judicial review are outlined, and the structural impact and potential change in usage on the domestic and European levels are discussed.

    LanguageEnglish
    PublisherShawnna Robert
    Release dateDec 25, 2012
    ISBN9781301871605
    Sweden, the EU, and Judicial Review
    Author

    Shawnna Robert

    Semi-nomadic, accidental swedophile, wannabe diplomat. Working Baltic Sea + EUSBSR issues @CBSSSecretariat.

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      Book preview

      Sweden, the EU, and Judicial Review - Shawnna Robert

      Sweden, the EU, and Judicial Review

      Copyright 2010 Shawnna Robert

      Published by Shawnna Robert at Smashwords

      Your support and respect for the intellectual property of this author is appreciated.

      Introduction

      Evolution

      Chapter 11, Article 14

      The European Factor

      Sweden, European Community, and Judicial Review

      The Impact of Upcoming Amendments

      Figure 1: Supremacy and Judicial Review

      Get in touch

      Appendix A

      Appendix B

      Appendix C

      Citations

      Introduction

      The nature of the practice and legal codification of judicial review in Sweden has been evolving for over a century. Judicial review is when a law is invalidated, usually by a court, and usually because the law in question conflicts with a law that is considered superior. Within domestic politics, a law is often compared to the national constitution in order to determine the validity of the law. In the European Union, national laws and statutes in the Constitution of a member state can be found to be in conflict with European treaties, regulatory agencies’ policies, international agreements, and court decisions.i Judicial review serves many purposes in a legal system, including: protecting the rights of individuals, maintaining the balance between branches of government, and holding a government accountable.ii

      The aim of this paper is to explore the topic of judicial review in Sweden and the relationship with European Community laws, and to examine the ways a proposed amendment to the Swedish Constitution will affect the domestic use of judicial review in relation to both Swedish and European law. While the European Court of Justice can use judicial review to invalidate national laws when cases are brought to the court, this paper will focus only on Sweden’s ability to do the same. Also, the Law Council of Sweden, which has the right to make non-binding suggestions on legislation before it is passed, will not be discussed in this paper since judicial preview and judicial review are different.iii

      In the following sections, a brief history of judicial review in Sweden will be outlined. Following an overview of the current legal codification and the courts interpretation of this ability, this paper will look at how the European Union has impacted the understanding and use of judicial review within Sweden. Next, the proposed changes to the Constitution regarding judicial review will be outlined, and the structural impact and potential change in usage on the domestic and European levels will be discussed.

      First, a basic understanding of Sweden’s political system and form of democracy, which is the result of compromises made over a long period of time, is necessary. One major breakthrough that served to develop democracy in Sweden was the introduction of parliamentarianism in 1917.iv The constitution of Sweden is made up of four documents and is based not on the idea of separation of powers, but that the powers come from one central location – the people. These people

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