Råder det fortfarande folksuveränitet i Sverige?
Abstract
Is there still popular sovereignty in Sweden?
In this article it is argued that the claim that the principle of popular sovereignty stated in the Instrument of Government has been challenged – or replaced by other principles since it was enacted in 1974, is mistaken. The changes of the Swedish system of government towards liberal constitutionalism and division of powers, as a consequence of the membership in the European Union and introduction of judicial review. has not undermined popular sovereignty in Sweden, while the exclusive and unlimited power over constitutional law resides in the Riksdag. From a constitutional point of view, it is still the case that ”All public power in Sweden proceeds from the people”, as is stated in the first paragraph in the Instrument of Government. The belief that it is otherwise, is primarily based on a conflation between constitutive power and constituted power and, thereby, on a conflation between popular sovereignty and democratic governance.
Is there still popular sovereignty in Sweden?
In this article it is argued that the claim that the principle of popular sovereignty stated in the Instrument of Government has been challenged – or replaced by other principles since it was enacted in 1974, is mistaken. The changes of the Swedish system of government towards liberal constitutionalism and division of powers, as a consequence of the membership in the European Union and introduction of judicial review. has not undermined popular sovereignty in Sweden, while the exclusive and unlimited power over constitutional law resides in the Riksdag. From a constitutional point of view, it is still the case that ”All public power in Sweden proceeds from the people”, as is stated in the first paragraph in the Instrument of Government. The belief that it is otherwise, is primarily based on a conflation between constitutive power and constituted power and, thereby, on a conflation between popular sovereignty and democratic governance.
