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The Legal Protection of Human RightsSceptical Essays$
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Tom Campbell, K.D. Ewing, and Adam Tomkins

Print publication date: 2011

Print ISBN-13: 9780199606078

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199606078.001.0001

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Judges without a Court—Judicial Preview in Sweden

Judges without a Court—Judicial Preview in Sweden

Chapter:
(p.392) 19 Judges without a Court—Judicial Preview in Sweden
Source:
The Legal Protection of Human Rights
Author(s):

Thomas Bull

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606078.003.0019

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.

Keywords:   Sweden, preview of legislation, legislative committees, Constitutional Committee of the Parliament, Law Council, Sweden

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