The Positioning of the Supreme Courts in Sweden – A Democratic Oddity?

European Constitutional Law Review, 15: 668–690, 2019

23 Pages Posted: 2 Jul 2020

See all articles by Mauro Zamboni

Mauro Zamboni

Stockholm University - Faculty of Law

Date Written: December 9, 2019

Abstract

The Swedish supreme courts as part of the public administration, rather than as independent actors – Political, legal, and administrative reasons behind this positioning – A recent trend shifts the position of the supreme courts – Endogenous forces (e.g. a more ‘conflictual’ political climate) and exogenous reasons (e.g. the increasing importance of the judicial-made EU law) – Swedish supreme courts nearer to being a body with the primary duty of safeguarding the law against the executive and legislative powers – ‘Full’ positioning of supreme courts within the judicial core not an essential institutional requirement for a democracy – Important role of the public administration’s degree of dependence on the legislative power.

Keywords: Supreme Courts Sweden Public Administration

Suggested Citation

Zamboni, Mauro, The Positioning of the Supreme Courts in Sweden – A Democratic Oddity? (December 9, 2019). European Constitutional Law Review, 15: 668–690, 2019, Available at SSRN: https://ssrn.com/abstract=3623422

Mauro Zamboni (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden

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