Kris, hot och försvar i regeringsformen

Abstract

Crises, threats and defense in the Instrument of Government

In this article, the provisions of the Swedish Instrument of Government relevant for issues related to various types of crises, including war and the threat of war, will be analyzed. The aim is to illustrate and contextualize the development of the Instrument of Government over time concerning these issues, as well as to situate the current debate on Swedish preparedness within a constitutional-political context. The overarching question is whether the Instrument of Government as of 2024 is adequately adapted to the challenges that Sweden currently faces or may face in the near future. The approach is traditionally legal-scientific, which means that the primary sources, in addition to legislation, include official publications and doctrinal writings. However, a certain historical legal perspective may provide explanations and further illuminate the context in which the regulations in the Instrument of Government have evolved. The material will be examined based on three fundamental constitutional-law perspectives: parliamentary system, norm-setting, and the constitutional regulation of fundamental rights and freedoms.