Judicial review in Sweden

Kingdom of Sweden

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Judicial review in Sweden (Swedish: lagprövningsrätt) is a constitutional provision, by which any Swedish court can declare an Act of the Parliament of Sweden to be in violation of the Constitution or a Government Ordinance to be in violation of laws passed by the Riksdag and thus inapplicable only if the error is "manifest".^[1] This "requirement of manifestness" (uppenbarhetsrekvisitet) may, however, be removed as a result of a review of the Constitution which is currently underway. It has also become increasingly less relevant as many cases (such as the Åke Green case) are decided with primary reference to the European Convention rather than with reference to the rights provided by the Constitution itself. Since 1994, the Constitution has stipulated that no law or other regulation may violate the European Convention (Ch. 2, § 23). Traditionally, a more important check on the ability of the Riksdag to pass laws in violation of the rights provided by the Constitution has been the judicial preview exercised by the Council on Legislation,^[2] which, while not binding on the Riksdag, it is nevertheless often respected.

References

↑ "The Constitution of Sweden" (PDF). Government of Sweden. p. 8. Retrieved 18 December 2013.
↑ "Lagbestämmelser" (in Swedish). Lagrådet (Council on Legislation). Retrieved 18 December 2013.

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Judicial review in Sweden

See also

References