NCJ Number
60291
Date Published
1979
Length
4 pages
Annotation
GENERAL CHARACTERISTICS OF SWEDISH LAW, THE LAWMAKING PROCESS, THE COURT SYSTEM AND COURT ADMINISTRATION, THE NATIONAL ADMINISTRATION, AND SPECIAL INSTITUTIONS OF CONTROL ARE DISCUSSED.
Abstract
THE SWEDISH SYSTEM OF GOVERNMENT, AS LAID DOWN IN THE NEW INSTRUMENT OF GOVERNMENT, MAY BE DESCRIBED AS A REPRESENTATIVE DEMOCRACY. SWEDISH LEGISLATION IS BASED ON A STRONG TRADITION OF GERMANIC LAW, WITH SOME FOREIGN INFLUENCES. IN COMPARISON WITH ANGLO-AMERICAN LAW, A MAJOR DIFFERENCE IS THAT SWEDISH LAW IS BASED TO A GREATER EXTENT ON WRITTEN LAW WHILE JUDICIAL PRACTICE PLAYS A SMALLER ROLE. IT IS BEST CHARACTERIZED AS A MIXTURE OF TRADITIONALISM AND RADICALISM. THE POWER TO ENACT LAWS IS VESTED IN THE RIKSDAG; THE GOVERNMENT, HOWEVER, HAS THE POWER TO ISSUE DECREES CONCERNING LESS IMPORTANT MATTERS. SUCH DECREES USUALLY DEAL WITH ADMINISTRATIVE OR ECONOMIC CONCERNS. SWEDEN STILL HAS AN ESTABLISHED CHURCH AND ANY LEGISLATIVE MATTERS WHICH AFFECT IT MUST BE CONSIDERED NOT ONLY BY THE RIKSDAG BUT ALSO BY THE CHURCH ASSEMBLY. PREPARATIONS OF PROPOSED BILLS ARE COMPLETED BY COMMISSIONS OF INQUIRY, COMPRISED OF LEGAL EXPERTS IN THE MINISTRIES, AND RIKSDAG COMMITTEES. WHEN A COMMISSION HAS FINISHED ITS WORK, ITS RECOMMENDATIONS ARE EXAMINED BY THE AFFECTED MINISTRY'S LEGISLATIVE DEPARTMENT. THE LAWS DECIDED ON BY THE RIKSDAG ARE PROMULGATED BY THE GOVERNMENT. THE PRIMARY RESPONSIBILITY FOR THE APPLICATION OF LEGAL RULES LIES WITH THE COURTS AND THE DIFFERENT ADMINISTRATIVE AUTHORITIES. SWEDEN HAS A THREE-TIER HIERARCHY OF COURTS: THE COURTS OF FIRST INSTANCE, THE INTERMEDIATE COURTS OF APPEAL, AND THE SUPREME COURT. THE PROSECUTION SYSTEM IS ORGANIZED IN LOCAL PROSECUTION DISTRICTS, EACH HEADED BY A CHIEF PROSECUTOR. THE MAJORITY OF THOSE INDIVIDUALS INVOLVED IN CIVIL ACTIONS ARE REPRESENTED BY AN ATTORNEY, ALTHOUGH THERE IS NO REQUIREMENT THAT AN ATTORNEY MUST BE RETAINED. THE GENERAL CRIMINAL SANCTIONS INCLUDE FINES AND IMPRISONMENT. AS A SAFEGUARD AGAINST ABUSE BY AN AUTHORITY, THE OFFICE OF THE PARLIMENTARY OMBUDSMAN WAS ESTABLISHED TO INVESTIGATE OPPRESSIVE MEASURES WITHIN THE JUDICIAL SYSTEM AND THE CIVIL ADMINISTRATION. A BIBLIOGRAPHY IS INCLUDED WITH THE FACT SHEET. (LWM)