Constitution of Sweden
Encyclopedia
The Swedish
Constitution
consists of four fundamental laws :
There is also a law on the working order of the Parliament with a special status but which does not qualify as a fundamental law, although certain parts of it are harder to change than ordinary laws:
To amend or to make a revision of a fundamental law, the Parliament needs to approve the changes twice in two successive terms, with a general election having been held in between. The change can be dismissed but not formally approved by a popular vote coinciding with such a general election, although this option has never been used. If the people do not dismiss a change, it still has to be ratified by the newly elected Parliament.
The parliamentarian Instrument of Government of 1974 grants the power to commission a prime minister
to the Parliament at the suggestion of the Speaker of the Riksdag. The prime minister appoints members of Cabinet
including heads of ministries
, totalling to approximately 22 members. The Cabinet collectively decides government
al matters after hearing the report of the head of the relevant ministry. At least five Cabinet members are to be present at the decision. In practice, reports are written and discussions very rare during formal Cabinet meetings.
Constitutional functions for the head of state
, i.e. the king, include heading the Council of State (the king plus the Cabinet), heading the Council on Foreign Affairs, recognizing new Cabinets (in the Council of State), and opening the Parliament's yearly session. The king is to be continuously briefed on governmental issues—in the Council of State or directly by the prime minister.
The first constitutional Instrument of Government was enacted in 1719, marking the transition from autocracy
to parliamentarism. Sweden's bloodless revolution of 1772 was legitimized by the Parliament in new versions of the Instrument of Government (in 1772 and 1789), making the king a "constitutional autocrat". When Sweden was split in 1809, and the Grand Duchy of Finland
was created as an autonomous part of the Russian Empire
, this constitutional autocracy was very well fitted and remained in force until Finland
's independence in 1917.
In Sweden, the loss of virtually half the realm led to another bloodless revolution, a new royal dynasty
, and the Instrument of Government
of 6 June 1809 (as well as a new Freedom of Press Act and Act of Succession). The new Instrument of Government established a separation of powers between the executive branch (the king) and the legislative branch (the Riksdag of the Estates) and gave the king and Parliament joint power over legislation, with the king still playing a central role in government but no longer independently of the Privy Council
. The King was free to choose councillors, but was bound to decide on governmental matters only in presence of the Privy Council, or a subset thereof, and after report of the councillor responsible for the matter in question. The councillor had to countersign a royal decision, unless it was unconstitutional, whereby it gained legal force. The councillor was legally responsible for his advice and was obliged to note his dissension in case he did not agree with the king's decision. This constitution put a considerable de jure power in the king, but which was increasingly followed the councillors' advice. From 1917, the king adhered to principles of parliamentarism by choosing councillors possessing direct or indirect support from a majority of the Parliament.
After over 50 years of de facto parliamentarism, it was written into the Instrument of Government of 1974, which, although technically adherent to Constitutional monarchy
, finally abolished the Privy Council
.
in 1544 gave reason to Sweden's first law of constitution
al character, in form of a treaty between the royal dynasty
and the realm represented by the four Estates
to be valid for all times.
Accordingly the current 1810 Act of Succession is a treaty between the old Riksdag of the Estates
and the House of Bernadotte
regulating the right to accede to the Swedish throne. In 1980, the old principle of agnatic primogeniture, which meant that the throne was inherited by the eldest male child of the preceding monarch, was replaced by the principle of equal primogeniture. This meant that the throne will be inherited by the eldest child without regard to sex. Thereby Princess Victoria
, the eldest child of King Carl XVI Gustav of Sweden, was created heiress apparent to the Swedish throne over her younger brother, until then Crown Prince Carl Philip
.
and other forms of expression. They are separated into two separate laws mainly to maintain the tradition of the Freedom of the Press Act from 1766, largely the work of proto-Liberal Cap Party politician Anders Chydenius
, which abolished censorship
and restricted limitations to retroactive legal measures for criticism of the Lutheran state church and the royal house exclusively.
The Freedom of the Press Act was changed several times since its first incarnation; following Gustav III
's coup d'etat
in 1772, the Act was amended in order to curtail freedom of the press, but restored in 1810 following the overthrow of his son, and later amended to ensure this fact in 1812, 1949 and 1982. The option to revoke publishing licenses was retained until the late rule of Charles XIV John and used widely against Liberal papers such as Aftonbladet
, which saw its license revoked ten times in 1838 alone. Publisher Lars Johan Hierta
solved this by adding a different numeral to the name Aftonbladet, thus publishing a formally different newspaper. The right to revoke was finally abolished in 1844. The 1766 Act held for example that freedom of expression was to be uninhibited, except for "violations", which included blasphemy
and criticism of the state.
The Fundamental Law on Freedom of Expression of 1991 is a lengthier document defining freedom of expression in all media except for written books and magazines (such as radio
, television
, the Internet
, etc.)
and government agencies' unequal treatment of the citizens, increasing the perceived legitimacy of (local and central) government and politician
s. The Principle of Publicity , as the collection of rules are commonly referred to, provides that all information and documents created or received by a public institution (local or central government, and all publicly operated establishments) must be available to all members of the public. It also states that all public institutions must do everything in their power to give anyone access to any information that he or she might want as soon as possible. The only exceptions to this rule are regulated in the Publicity and Secrecy Act (Offentlighets- och sekretesslagen 2009:400) which succeeded the Secrecy Act (Sekretesslag 1980:100) in 2009, detailing what government agencies can keep secret, what type of document, under what circumstances, and towards whom. According to the Second Chapter, Article 2, in the Freedom of the Press Act (part of the Swedish constitution): "The right of access to official documents may be restricted only if restriction is necessary having regard to
This list is exhaustive and the Parliament may not legislate about restrictions outside the scope of this list, and any restrictions have to be legislated into the Publicity and Secrecy Act previously mentioned.
Secrecy is limited to a maximum time of 70 years (when relating to individuals that is 70 years after the person's death).
and Counter-Reformation
in Sweden, adherence to the Augsburg confession
was decided and given constitutional status
at the Synod of Uppsala
. References to Uppsala Synod have since then been worked into the fundamental laws, notably the Act of Succession
.
In 1999, the Church was separated from the state and became an independent organization, but the ruling body of the church is still decided by public voting (among members of the church), and mostly consists of the political parties. As a result of this separation, people born in Sweden where the parents are members of the Church of Sweden
since 1999 no longer become members of the church automatically at birth.
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
consists of four fundamental laws :
- The 1810 Act of SuccessionSwedish Act of SuccessionThe Act of Succession is a part of the Swedish Constitution. It was adopted by the Riksdag of the Estates on September 26, 1810, and it regulates the right of members of the House of Bernadotte to accede to the Swedish throne...
- The 1949 Freedom of the Press Act
- The 1974 Instrument of Government
- The 1991 Fundamental Law on Freedom of Expression
There is also a law on the working order of the Parliament with a special status but which does not qualify as a fundamental law, although certain parts of it are harder to change than ordinary laws:
- The 1974 Riksdag Act
To amend or to make a revision of a fundamental law, the Parliament needs to approve the changes twice in two successive terms, with a general election having been held in between. The change can be dismissed but not formally approved by a popular vote coinciding with such a general election, although this option has never been used. If the people do not dismiss a change, it still has to be ratified by the newly elected Parliament.
Instrument of Government
The most important of the fundamental laws is the Instrument of Government . It sets out the basic principles for political life in Sweden defining rights and freedoms.The parliamentarian Instrument of Government of 1974 grants the power to commission a prime minister
Prime Minister of Sweden
The Prime Minister is the head of government in the Kingdom of Sweden. Before the creation of the office of a Prime Minister in 1876, Sweden did not have a head of government separate from its head of state, namely the King, in whom the executive authority was vested...
to the Parliament at the suggestion of the Speaker of the Riksdag. The prime minister appoints members of Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
including heads of ministries
Ministry (government department)
A ministry is a specialised organisation responsible for a sector of government public administration, sometimes led by a minister or a senior public servant, that can have responsibility for one or more departments, agencies, bureaus, commissions or other smaller executive, advisory, managerial or...
, totalling to approximately 22 members. The Cabinet collectively decides government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
al matters after hearing the report of the head of the relevant ministry. At least five Cabinet members are to be present at the decision. In practice, reports are written and discussions very rare during formal Cabinet meetings.
Constitutional functions for the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, i.e. the king, include heading the Council of State (the king plus the Cabinet), heading the Council on Foreign Affairs, recognizing new Cabinets (in the Council of State), and opening the Parliament's yearly session. The king is to be continuously briefed on governmental issues—in the Council of State or directly by the prime minister.
The first constitutional Instrument of Government was enacted in 1719, marking the transition from autocracy
Autocracy
An autocracy is a form of government in which one person is the supreme power within the state. It is derived from the Greek : and , and may be translated as "one who rules by himself". It is distinct from oligarchy and democracy...
to parliamentarism. Sweden's bloodless revolution of 1772 was legitimized by the Parliament in new versions of the Instrument of Government (in 1772 and 1789), making the king a "constitutional autocrat". When Sweden was split in 1809, and the Grand Duchy of Finland
Grand Duchy of Finland
The Grand Duchy of Finland was the predecessor state of modern Finland. It existed 1809–1917 as part of the Russian Empire and was ruled by the Russian czar as Grand Prince.- History :...
was created as an autonomous part of the Russian Empire
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
, this constitutional autocracy was very well fitted and remained in force until Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
's independence in 1917.
In Sweden, the loss of virtually half the realm led to another bloodless revolution, a new royal dynasty
Dynasty
A dynasty is a sequence of rulers considered members of the same family. Historians traditionally consider many sovereign states' history within a framework of successive dynasties, e.g., China, Ancient Egypt and the Persian Empire...
, and the Instrument of Government
Instrument of Government (1809)
The Instrument of Government adopted on 6 June 1809 by the Riksdag of the Estates was one of the fundamental laws that made up the constitution of Sweden from 1809 to 1974...
of 6 June 1809 (as well as a new Freedom of Press Act and Act of Succession). The new Instrument of Government established a separation of powers between the executive branch (the king) and the legislative branch (the Riksdag of the Estates) and gave the king and Parliament joint power over legislation, with the king still playing a central role in government but no longer independently of the Privy Council
Privy Council of Sweden
The High Council of Sweden or Council of the Realm consisted originally of those men of noble, common and clergical background, that the king saw fit for advisory service...
. The King was free to choose councillors, but was bound to decide on governmental matters only in presence of the Privy Council, or a subset thereof, and after report of the councillor responsible for the matter in question. The councillor had to countersign a royal decision, unless it was unconstitutional, whereby it gained legal force. The councillor was legally responsible for his advice and was obliged to note his dissension in case he did not agree with the king's decision. This constitution put a considerable de jure power in the king, but which was increasingly followed the councillors' advice. From 1917, the king adhered to principles of parliamentarism by choosing councillors possessing direct or indirect support from a majority of the Parliament.
After over 50 years of de facto parliamentarism, it was written into the Instrument of Government of 1974, which, although technically adherent to Constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
, finally abolished the Privy Council
Privy Council of Sweden
The High Council of Sweden or Council of the Realm consisted originally of those men of noble, common and clergical background, that the king saw fit for advisory service...
.
Act of Succession
Sweden's switch from elective to hereditary monarchyMonarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
in 1544 gave reason to Sweden's first law of constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al character, in form of a treaty between the royal dynasty
Dynasty
A dynasty is a sequence of rulers considered members of the same family. Historians traditionally consider many sovereign states' history within a framework of successive dynasties, e.g., China, Ancient Egypt and the Persian Empire...
and the realm represented by the four Estates
Riksdag of the Estates
The Riksdag of the Estates , was the name used for the Estates of the Swedish realm when they were assembled. Until its dissolution in 1866, the institution was the highest authority in Sweden next to the King...
to be valid for all times.
Accordingly the current 1810 Act of Succession is a treaty between the old Riksdag of the Estates
Riksdag of the Estates
The Riksdag of the Estates , was the name used for the Estates of the Swedish realm when they were assembled. Until its dissolution in 1866, the institution was the highest authority in Sweden next to the King...
and the House of Bernadotte
Bernadotte
The House of Bernadotte, the current royal house of Sweden, has reigned since 1818. Between 1818 and 1905, it was also the royal house of the Norway...
regulating the right to accede to the Swedish throne. In 1980, the old principle of agnatic primogeniture, which meant that the throne was inherited by the eldest male child of the preceding monarch, was replaced by the principle of equal primogeniture. This meant that the throne will be inherited by the eldest child without regard to sex. Thereby Princess Victoria
Victoria, Crown Princess of Sweden
Victoria, Crown Princess of Sweden, Duchess of Västergötland is the heiress-apparent to the Swedish throne. If she ascends to the throne as expected, she will be Sweden's fourth queen regnant .-Early life:...
, the eldest child of King Carl XVI Gustav of Sweden, was created heiress apparent to the Swedish throne over her younger brother, until then Crown Prince Carl Philip
Prince Carl Philip, Duke of Värmland
Prince Carl Philip, Duke of Värmland , is the second child of three children and only son of King Carl XVI Gustaf and Queen Silvia of Sweden. Born Crown Prince of Sweden, he retained his title and first place in succession for seven months until 1 January 1980...
.
Freedom of the press and freedom of expression
The other two acts define the freedom of the pressFreedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
and other forms of expression. They are separated into two separate laws mainly to maintain the tradition of the Freedom of the Press Act from 1766, largely the work of proto-Liberal Cap Party politician Anders Chydenius
Anders Chydenius
Anders Chydenius was the leading classical liberal of Nordic history. Born in Sotkamo, Ostrobothnia, Sweden and having studied under Pehr Kalm at the Royal Academy of Åbo, Chydenius became a priest, Enlightenment philosopher and member of the Swedish Riksdag of the Estates.The world's first...
, which abolished censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
and restricted limitations to retroactive legal measures for criticism of the Lutheran state church and the royal house exclusively.
The Freedom of the Press Act was changed several times since its first incarnation; following Gustav III
Gustav III of Sweden
Gustav III was King of Sweden from 1771 until his death. He was the eldest son of King Adolph Frederick and Queen Louise Ulrica of Sweden, she a sister of Frederick the Great of Prussia....
's coup d'etat
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
in 1772, the Act was amended in order to curtail freedom of the press, but restored in 1810 following the overthrow of his son, and later amended to ensure this fact in 1812, 1949 and 1982. The option to revoke publishing licenses was retained until the late rule of Charles XIV John and used widely against Liberal papers such as Aftonbladet
Aftonbladet
Aftonbladet is a Swedish tabloid founded by Lars Johan Hierta in 1830 during the modernization of Sweden. It is one of the larger daily newspapers in the Nordic countries. Aftonbladet is owned by the Swedish Trade Union Confederation and Norwegian media group Schibsted, and its editorial page...
, which saw its license revoked ten times in 1838 alone. Publisher Lars Johan Hierta
Lars Johan Hierta
Lars Johan Hierta was a Swedish newspaper publisher, social critic, businessman and politician. He is best known as the founder of the newspaper Aftonbladet in 1830. Hierta was a leading agitator for political and social reform in Sweden during the 19th century...
solved this by adding a different numeral to the name Aftonbladet, thus publishing a formally different newspaper. The right to revoke was finally abolished in 1844. The 1766 Act held for example that freedom of expression was to be uninhibited, except for "violations", which included blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
and criticism of the state.
The Fundamental Law on Freedom of Expression of 1991 is a lengthier document defining freedom of expression in all media except for written books and magazines (such as radio
Radio
Radio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...
, television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
, the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
, etc.)
Public access to governmental documents
In the 18th century, after over 40 years of mixed experiences with parliamentarism, public access to government documents was one of the main issues with the Freedom of the Press Act of 1766. Although the novelty was put out of order 1772–1809, it has since remained central in the Swedish mindset, seen as a forceful means against corruptionPolitical corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
and government agencies' unequal treatment of the citizens, increasing the perceived legitimacy of (local and central) government and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
s. The Principle of Publicity , as the collection of rules are commonly referred to, provides that all information and documents created or received by a public institution (local or central government, and all publicly operated establishments) must be available to all members of the public. It also states that all public institutions must do everything in their power to give anyone access to any information that he or she might want as soon as possible. The only exceptions to this rule are regulated in the Publicity and Secrecy Act (Offentlighets- och sekretesslagen 2009:400) which succeeded the Secrecy Act (Sekretesslag 1980:100) in 2009, detailing what government agencies can keep secret, what type of document, under what circumstances, and towards whom. According to the Second Chapter, Article 2, in the Freedom of the Press Act (part of the Swedish constitution): "The right of access to official documents may be restricted only if restriction is necessary having regard to
- the security of the Realm or its relations with a foreign state or an international organization;
- the central finance policy, monetary policy, or foreign exchange policy of the Realm;
- the inspection, control or other supervisory activities of a public authority;
- the interest of preventing or prosecuting crime;
- the public economic interest;
- the protection of the personal integrity or economic conditions of private subjects;
- the preservation of animal or plant species."
This list is exhaustive and the Parliament may not legislate about restrictions outside the scope of this list, and any restrictions have to be legislated into the Publicity and Secrecy Act previously mentioned.
Secrecy is limited to a maximum time of 70 years (when relating to individuals that is 70 years after the person's death).
Lutheran State Church
In 1593, after 70 years of ReformationProtestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
and Counter-Reformation
Counter-Reformation
The Counter-Reformation was the period of Catholic revival beginning with the Council of Trent and ending at the close of the Thirty Years' War, 1648 as a response to the Protestant Reformation.The Counter-Reformation was a comprehensive effort, composed of four major elements:#Ecclesiastical or...
in Sweden, adherence to the Augsburg confession
Augsburg Confession
The Augsburg Confession, also known as the "Augustana" from its Latin name, Confessio Augustana, is the primary confession of faith of the Lutheran Church and one of the most important documents of the Lutheran reformation...
was decided and given constitutional status
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
at the Synod of Uppsala
Uppsala Synod
The Uppsala Synod in 1593 was the most important synod of the Lutheran Church of Sweden. Sweden had gone through its Protestant Reformation and broken with Roman Catholicism in the 1520s, but an official confession of faith had never been declared....
. References to Uppsala Synod have since then been worked into the fundamental laws, notably the Act of Succession
Swedish Act of Succession
The Act of Succession is a part of the Swedish Constitution. It was adopted by the Riksdag of the Estates on September 26, 1810, and it regulates the right of members of the House of Bernadotte to accede to the Swedish throne...
.
In 1999, the Church was separated from the state and became an independent organization, but the ruling body of the church is still decided by public voting (among members of the church), and mostly consists of the political parties. As a result of this separation, people born in Sweden where the parents are members of the Church of Sweden
Church of Sweden
The Church of Sweden is the largest Christian church in Sweden. The church professes the Lutheran faith and is a member of the Porvoo Communion. With 6,589,769 baptized members, it is the largest Lutheran church in the world, although combined, there are more Lutherans in the member churches of...
since 1999 no longer become members of the church automatically at birth.
See also
- Instrument of GovernmentInstrument of Government (1634)The Instrument of Government of 1634 was Sweden's first. It regulated some of the administration, judiciary and the military. It was never accepted by the monarch but was nonetheless in use until Charles XI became an absolute monarch.-See also:...
(1634) - Instrument of Government (1772)
- Instrument of GovernmentInstrument of Government (1809)The Instrument of Government adopted on 6 June 1809 by the Riksdag of the Estates was one of the fundamental laws that made up the constitution of Sweden from 1809 to 1974...
(1809)
External links
- Regeringsform (1974) - at Wikisource (in Swedish)
- Swedish historical documents - at Wikisource
- The Constitution of Sweden - at the RiksdagParliament of SwedenThe Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...