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Judges without a court: judicial preview in Sweden
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2011 (English)In: The legal protection of human rights - sceptical essays / [ed] KD Ewing, T Campbell, A Tomkins, Oxford university press , 2011, 1, 392-409 p.Chapter in book (Other academic)
Abstract [en]

This chapter describes the Swedish system of preview of legislation in order to assure that constitutional and human rights are respected. It consists of four main components: the system of legislative committees in preparing legislation, wide access to public documents and right to publish those, the Law Council (consisting of judges), and the Constitutional Committee of the Parliament. It argues that together these four components of the preview-system makes it hard, though not impossible, to legislate in a way that infringes rights. The government is in no way obliged to follow the Law Council, but not doing so will of course give rise to a political debate and latter on give courts a hint that legislations passed might not be constitutionally sound (in a review situation). Concrete examples are given as to how they interact and on situations when the system have worked as well as not worked.

Place, publisher, year, edition, pages
Oxford university press , 2011, 1. 392-409 p.
Keyword [en]
Sweden, preview of legislation, legislative committees, Constitutional Committee of the Parliament, Law Council
National Category
URN: urn:nbn:se:uu:diva-150985DOI: 10.1093/acprof:oso/9780199606078.003.0019ISBN: 978-0-19-960607-8ISBN: 978-0-19-172972-0OAI: oai:DiVA.org:uu-150985DiVA: diva2:409587
Available from: 2011-04-08 Created: 2011-04-08 Last updated: 2013-03-14Bibliographically approved

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