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PROTECTING THE LEGAL BASIS OF DEMOCRACY IN STATES OF CRISIS – SWEDISH CONSTITUTIONAL DILEMMAS

Małgorzata SKÓRZEWSKA-AMBERG1

Publication language: English

Journal article

Transformations No. 4 (119) 2023 Publication date: 29 December 2023

Article No. 20231229224927662

Keywords: Swedish system of governance, trias politica principle, law-making process, fundamental civil rights and freedoms, statutory regulations for dealing with crises

Abstract The Swedish system of governance is based on a strongly established and safe-guarded separation of powers (the trias politica principle) with strong parliamentary control over the actions of the executive. Sweden's legal culture has also an extremely significant impact on the way laws are made, which has a direct bearing on the way the state functions – effective in peacetime, but potentially at risk of significant problems arising in times of crisis, as the recent COVID-19 pandemic noticeably demonstrated. The purpose of this paper is to provide an over-view of the planned and debated amendments to the Instrument of Government - one of the four Basic Laws that together make up Sweden's heterogeneous constitution - dealing primarily with the issue of legislative procedures in times of crisis.

  1. Chair of Theory, Philosophy and History of Law, College of Law, Kozminski University, Warsaw Poland

    ORCID: 0000-0002-8498-833X

    E-mail: mskorzewska@kozminski.edu.pl