In this chapter, I wish to clarify the character of the Swedish socio-economic constitution as a matter of constitutional fact and as a consequence of EU law. Can the Swedish welfare state, due to its entrenched position across the political spectrum, be described as a socio-economic constitution of sorts, or does it owe its constitutionality to positive constitutional law at the EU and national levels?
In the twentieth century, the “welfare state” (the conceptualization of which may be discussed) may be regarded as the very raison d’être of Sweden as a nation-state. The term “folkhemmet” was coined in a social democratic context in 1928 and came to be the guiding principle for much of the activity across the political spectrum, despite being challenged from time to time. In contrast, constitutional rights have not until recently occupied a prominent position in the political or public conscience. The goals of the welfare state have been attained through regular statutes and legal precedent. The main constitutional document—the Instrument of Government—does however contain wordings which, if they are to be taken seriously, would define Sweden as a social welfare state in a constitutional sense.
In particular, the language of chapter 1, article 2 should be noted. But this article has rarely been invoked for the purpose of claiming social or welfare state rights. Instead, it has generally been regarded as an expression of guiding principles for the legislator or, at the most, guidelines for constitutional interpretation in certain cases as mentioned by the highest courts. Elsewhere, the protection of private property and the freedom of trade are constitutionally guaranteed. These have indeed been invoked and applied in some cases.
I would argue that social rights as a constitutional concept have become a reality only through the impact of European Union law and the European Convention of Human Rights. EU constitutional law is an integral part of Swedish constitutional law and therefore the socio-economic character of Swedish constitutional law is now a reality.
Cham: Springer, 2025. p. 67-82