Supreme Court of Sweden
Encyclopedia
The Supreme Court of Sweden is the supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
and the third and final instance in all civil and criminal cases in Sweden
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....
. Before a case can be decided by the Supreme Court, leave to appeal must be obtained, and with few exceptions, leave to appeal can be granted only when the case is of interest as a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
. The Supreme Court consists of 16 Councillors of Justice or justitieråd who are appointed by the government
Government of Sweden
The Government of the Kingdom of Sweden is the supreme executive authority of Sweden. It consists of the Prime Minister and cabinet ministers appointed by the Prime Minister. The Government is responsible for their actions to the Riksdag, which is the legislative assembly...
, but the court as an institution is independent of the Riksdag
Parliament of Sweden
The 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...
, and the government is not able to interfere with the decisions of the court.
History
Historically, all judicial power was vested in the Swedish monarchs, but in 1614 Gustavus Adolphus instituted Svea Hovrätt and authorized it to issue sentences in his name. Those not satisfied with sentencing were able to turn directly to the monarch, and appeals were handled by a committee of the Privy CouncilPrivy 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...
.
Under the authoritarian
Enlightened absolutism
Enlightened absolutism is a form of absolute monarchy or despotism in which rulers were influenced by the Enlightenment. Enlightened monarchs embraced the principles of the Enlightenment, especially its emphasis upon rationality, and applied them to their territories...
rule of King 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....
, the Privy Council was suspended in 1789, and instead on May 19 His Majesty's Supreme Court was instituted on to handle legal matters. There were twelve judges of the court, half of which was to be nobles and half commoners. While in session, no more than eight judges could serve at the same time, and with equal numbers of nobles and commoners. In the court the king held two votes, as well as the deciding vote in case of a tie. However, this voting right was never exercised, except on the centennial of the court, when King Oscar II
Oscar II of Sweden
Oscar II , baptised Oscar Fredrik was King of Sweden from 1872 until his death and King of Norway from 1872 until 1905. The third son of King Oscar I of Sweden and Josephine of Leuchtenberg, he was a descendant of Gustav I of Sweden through his mother.-Early life:At his birth in Stockholm, Oscar...
took part in the decision of one case.
Under the 1809 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...
, the judges of the Supreme Court became salaried civil servants, with the title of Councillor of Justice (Justitieråd). The Lord High Steward or Justiciar
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...
(Riksdrots) became the new Minister of Justice and the foremost member of the court in 1809, but when the modern government ministries were created in 1840, the minister of justice were separated from the court. In 1844 the requirement on equal numbers of noblemen and commoners in service as judges of the court was dropped.
In 1909 the Supreme Administrative Court
Supreme Administrative Court of Sweden
The Supreme Administrative Court of Sweden is the supreme court and the third and final tier for administrative court cases in Sweden, and is located in Stockholm...
(Regeringsrätten) and the Council on Legislation
Council on Legislation (Sweden)
The Council on Legislation is a Swedish governmental agency composed of current and former members of the Supreme Court and Supreme Administrative Court. Its function is to pronounce on the legal validity of legislative proposals at the request of the Government or a parliamentary standing committee...
(Lagrådet) were created to assume certain tasks that had been handled by the Supreme Court. The Supreme Administrative Court assumed responsibility for ruling on administrative cases and the Legal Council received the responsibility for judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
(strictly speaking legal preview). At the same time the monarch lost voting power in the court.
The right to appeal cases to the Supreme Court was limited for the first time in 1915. A special dispensation was required before trying a minor civil or criminal case. Dispensation was to be given when there was a ruling that could become a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
, and in 1945 this requirement was extended to all cases.
In 1948, the legal procedure was supplemented with oral proceedings and to satisfy the need for additional space the Supreme Court was moved in 1949 from the Royal Palace
Stockholm Palace
The Stockholm Palace is the official residence and major royal palace of the Swedish monarch. . Stockholm Palace is located on Stadsholmen , in Gamla Stan in the capital, Stockholm...
to the Bonde Palace
Bonde Palace
The Bonde Palace is a palace in Gamla stan, the old town in central Stockholm, Sweden. Located between the House of Knights and the Chancellery House , it is, arguably, the most prominent monument of the era of the Swedish Empire , originally design by Nicodemus Tessin the Elder and Jean De la...
on Stadsholmen
Stadsholmen
Stadsholmen is the historical name of an island in the centre of Stockholm, Sweden. Together with the small islands Riddarholmen and Helgeandsholmen it forms the Old town of Stockholm....
.
By the Instrument of Government of 1974 the Supreme Court discontinued the practice to award sentencing in the name of the Swedish monarch (Kungl Maj:t), as well as announcing them at the Royal Palace
Stockholm Palace
The Stockholm Palace is the official residence and major royal palace of the Swedish monarch. . Stockholm Palace is located on Stadsholmen , in Gamla Stan in the capital, Stockholm...
where they had been adorned with the royal seal.
Current composition
The current Councillors of Justice of the Supreme Court of Sweden, followed by year of appointment:- Marianne LundiusMarianne LundiusMarianne Lundius is a Swedish lawyer, since January 2010 serving as President of the Supreme Court of Sweden. She is the first female president of the Supreme Court of Sweden.-External links:*...
, Chairman (1998, Chairman since 2010) - Leif ThorssonLeif ThorssonLeif Thorsson, born July 4, 1945 in Malmö, Sverige. A Swedish jurist specialized in corporate law. Judge in the Supreme Court of Sweden since September 9, 1993. Education: law degree...
(1993) - Dag Victor (1997)
- Severin Blomstrand (1997)
- Ann-Christine Lindeblad (2002)
- Ella Nyström (2002)
- Kerstin Calissendorff (2003)
- Per Virdesten (2004)
- Gudmund Toijer (2007)
- Stefan Lindskog (2008)
- Lena Moore (2008)
- Göran LambertzGöran LambertzLars Göran Tomas Lambertz was the Chancellor of Justice in Sweden between 2001 and 2009. He is currently serving as a judge on the supreme court.- Biography :...
(2009) - Johnny Herre (2010)
- Agneta Bäcklund (2010)
- Ingemar Persson (2010)
- Martin Borgeke (2011)
External links
- Official website (in Swedish and various languages)