New book about the Instrument of Government – 50 years

The anthology ”Constitutional Law in the Scandinavian Countries - A tribute to the Instrument of Government 1974-2024” is volume 70 in the book series Scandinavian Studies in Law, published by the Stockholm Institute for Scandinavian Law at the Faculty of law, Stockholm University. The volume editor is Professor Karin Åhman.

Detaljbild på riksdagshuset med sverigeflagga i förgrunden
Photo: Johan Bjurer / Mostphotos

When the Swedish Instrument of Government was adopted in 1974, popular sovereignty and a strong Parliament (Riksdag) prevailed. The courts played a subordinate role, individual rights were less prominent, and constitutional cases were rarely adjudicated. Fifty years later, Sweden has moved from a separation of functions to a de facto separation of powers. Popular sovereignty remains firmly entrenched, but it has taken on a different meaning as a result of Sweden’s membership in the European Union (EU). In 2010, therefore, the Instrument of Government was reformed which strengthened the position of the Swedish courts. The significance of individual rights has also increased as a result of Sweden’s membership in the EU, the incorporation of the European Convention of Human Rights into Swedish law, and the expansion of Chapter 2 on Fundamental Rights and Freedoms in the Instrument of Government.

This volume is a collaboration between Swedish and other Nordic researchers to celebrate the anniversary of the Swedish Instrument of Government. The events of our recent past, characterised by pandemics, terrorist threats and repressive legislation to deal with serious crime, demonstrate that Constitutional issues are even more relevant today than ever.

Several contributors from SU Law

Volume editor is Professor Karin Åhman, Stockholm University. General editor of the book series Scandinavian Studies in Law is Lydia Lundstedt, Senior Lecturer in Private International Law. From SU Law participates also following researchers with chapters:

  • Jaan Paju, Assistant Professor in Euopean law, with the chapter "Easy Come, Easy Go? - The Government Commissions of Inquiry as a Possible Additional Ex-ante Guarantor of Constitutional Compliance"
  • Carl Lebeck, Assistant professor of public law, with the chapter "Constitutional Limits on Restrictions of Fundamental Rights: From legislative discretion to judicial balancing"
  • Andreas Knutsson, Doctoral candidate in Legal History, with the chapter "A Legal Historical Approach to the Rules on the Distribution of Legislative Competence and the Question of Private or Public"
  • Claes Granmar, Assistant Professor in European law, with the chapter "Europeanisation"

See here the Foreword and the Table of Contents

About Scandinavian Studies in Law

Scandinavian Studies in Law (Sc.St.L.) is a book series containing articles by Scandinavian academics and legal experts. Each volume focuses on a specific law topic and the work is conducted under the auspices of a scientific coordinator who is an expert in the field. Most articles have never been published before, although on occasion, the series presents translations or updates of previously published articles from the Nordics. 

www.scandinavianlaw.se