Project Manager
Mikael RuotsiProject manager
Uppsala UniversityAmount granted
980 000 SEKYear
2021
Constitutional democracies around the world are in crisis. The last ten years have been marked by a dismantling of the rule of law, not least in countries of the former Eastern Bloc. European countries that were previously regarded as relatively stable democracies are under pressure. The Swedish system of government cannot be assumed to be immune to this development either.
Against the background of this global and regional context, this project explores the legal possibilities for protecting the fundamental principles of the Swedish system of government set out in Chapter 1 of the Instrument of Government. Based on the concept of "militant constitutionalism", the following overarching question is examined: how can the constitutional rules on constitutional amendments and the possibilities for judicial review of constitutional amendments provide protection for the democratic rule of law?
The project explores a number of fundamental but complex constitutional choices. How should rules on constitutional amendments in a Swedish context be designed to achieve a reasonable balance between stability and flexibility? To what extent should constitutional amendments affecting individual rights and freedoms or the division of powers between the legislature, the executive and the courts be subject to judicial review? Which bodies should exercise this judicial review of constitutional amendments? What role can and should the European Court of Justice and the European Court of Human Rights play in protecting the rule of law?