Basic Laws of Sweden

TheBasic Laws of Sweden(Swedish:Sveriges grundlagar) are the fourconstitutional lawsof theKingdom of Swedenthat regulate theSwedish political system,acting in a similar manner to theconstitutionsof most countries.

These four laws are: the Instrument of Government (Swedish:Regeringsformen), the Freedom of the Press Act (Swedish:Tryckfrihetsförordningen), the Fundamental Law on Freedom of Expression (Swedish:Yttrandefrihetsgrundlagen) and theAct of Succession(Swedish:Successionsordningen). Together, they constitute a basic framework that stands above other laws and regulation, and also define which agreements are themselves above normal Swedish law.

The Parliament Act (Swedish:Riksdagsordningen) is usually considered to be halfway between a fundamental law and a normal law, with certain main chapters afforded similar protections as the fundamental laws while other additional chapters require only a simple parliamentary majority in order to be amended.

To amend or to revise a fundamental law, theRiksdagneeds to approve the changes twice in two successive terms with simple majorities, with a general election having been held in between. The first vote can be supplemented with a referendum.

Instrument of Government

The most important of the fundamental laws is the Instrument of Government (Swedish:Regeringsformen, RF). It sets out the basic principles for political life in Sweden defining rights and freedoms.

The 1974 Instrument of Government grants the power to commission aprime ministerto theRiksdag,at the nomination of theSpeaker of the Riksdag,who following a vote in the Riksdag signs the letter of commission on behalf of the Riksdag. The prime minister is appointed when the majority of the Riksdag does not vote against the nominee, thus making it possible to form minority governments. The prime minister appoints members of thegovernment,including heads ofministries.The government collectively decides on issues after hearing the report of the head of the ministry concerned. At least five members of the government need to be present for a decisionalquorumto be made. In practice, reports are written and discussions very rare during formal cabinet meetings.

Constitutional functions for thehead of state,i.e., themonarch,include heading the cabinet councils (the king plus the members of the government), heading the Council on Foreign Affairs, recognizing new cabinets (in the Council of State), and opening the annual session of the Riksdag. The monarch is to be continually briefed on governmental issues—in the Council of State or directly by the prime minister.

The first constitutional Instrument of Government was enacted in 1719, marking the transition fromautocracyto parliamentarism.Sweden's bloodless coup d'étatof 1772 was legitimized by theRiksdag of the Estatesin new versions of the Instrument of Government,Swedish Constitution of 1772and theUnion and Security Actfrom 1789, making the king a "constitutional autocrat". When the ancient Swedish land in 1809 was split into two parts, and theGrand Duchy of Finlandwas created as anautonomouspart of theRussian Empire,this constitutional autocracy was not formally abolished or replaced.Finlandgained independence as a republic in 1917, and its parliament used theSwedish Constitution of 1772as legal basis to operate until the country adopted its new constitution in 1919.

In Sweden, the loss of virtually half the realm led to another bloodless revolution, a new royaldynasty,and theInstrument of Governmentof 6 June 1809 (as well as a new Freedom of Press Act and Act of Succession). The new Instrument of Government established a separation of powers between the executive branch (the king) and the legislative branch (the Riksdag of the Estates) and gave the king and theRiksdag of the Estatesjoint power over legislation, with the king still playing a central role in government but no longer independently of thePrivy Council.The king was free to choose councillors, but was bound to decide on governmental matters only in presence of the Privy Council, or a subset thereof, and after report of the councillor responsible for the matter in question. The councillor had to countersign a royal decision, unless it was unconstitutional, whereby it gained legal force. The councillor was legally responsible for his advice and was obliged to note his dissension in case he did not agree with the king's decision. This constitution placed considerablede jurepower in the king, but it was increasingly exercised in accordance with his councillors' advice. From 1917, the king adhered to principles of parliamentarism by choosing councillors possessing direct or indirect support from a majority of theRiksdag.

After over fifty years ofde factoparliamentarism,it was written into the Instrument of Government of 1974, which, although technically adherent toconstitutional monarchy,created theGovernment of Swedenin its present constitutional form.

Amendment of 2009

In 2009, the Riksdag approved Proposition 2009/10:80, "A Reformed Constitution" (Swedish:En reformerad grundlag), making substantial amendments to the Instrument of Government, and related acts.

The amendment modernized and simplified the text in general, and strengthened several fundamental rights and freedoms. Protection against unfair discrimination was extended to include discrimination based onsexual orientation.The amendment affirmed the responsibility of public authorities to protectchildren's rights,and to promote the preservation and development of ethnic minorities' culture and language, making special mention of theSami people.It also strengthens judicial powers to make it easier to determine whether new laws contravene the constitution or theCharter of Fundamental Rights of the European Union.

These amendments took effect on 1 January 2011.

Freedom of the press and freedom of expression

See also:Swedish Freedom of the Press Act

The other two acts define thefreedom of the pressandother forms of expression.They are separated into two separate laws mainly to maintain the tradition of the Freedom of the Press Act from 1766, largely the work of proto-LiberalCap PartypoliticianAnders Chydenius,which abolishedcensorshipand restricted limitations to retroactive legal measures for criticism of theLutheran state churchand theroyal houseexclusively.

The Freedom of the Press Act(Swedish:Tryckfrihetsförordningen, TF) was changed several times since its first incarnation; followingGustav III'scoup d'etatin 1772, the Act was amended in order to curtail freedom of the press, but restored in 1810 following the overthrow ofhis son,and later amended to ensure this fact in 1812, 1949 and 1982. The option to revoke publishing licenses was retained until the late rule ofCharles XIV Johnand used widely against Liberal papers such asAftonbladet,which saw its license revoked ten times in 1838 alone. PublisherLars Johan Hiertasolved this by adding a different numeral to the nameAftonbladet,thus publishing a formally different newspaper. The right to revoke was finally abolished in 1844.The 1766 Act held for example that freedom of expression was to be uninhibited, except for "violations", which includedblasphemyand criticism of the state.

TheFundamental Law on Freedom of Expression(Swedish:Yttrandefrihetsgrundlagen, YGL) of 1991 is a lengthier document defining freedom of expression in all media except for written books and magazines (such asradio,television,theInternet,etc.)

Principle of Public Access

In the 18th century, after over 40 years of mixed experiences with parliamentarism,public access to public documentswas one of the main issues with the Freedom of the Press Act of 1766. Although the novelty was put out of order 1772–1809, it has since remained central in the Swedish mindset, seen as a forceful means againstcorruptionand government agencies' unequal treatment of the citizens, increasing the perceived legitimacy of (local and central) government andpoliticians.The Principle of Public Access (Swedish:Offentlighetsprincipen), as the collection of rules is commonly referred to, provides that all information and documents created or received by a "public authority" (local or central government, and all publicly operated establishments) must be available to all members of the public. It also states that all public authorities must provide information promptly (skyndsamt) upon request.

Exemptions from the right to access to public documents are defined in the Public Access to Information and Secrecy Act (Offentlighets- och sekretesslagen)which succeeded the Secrecy Act (Sekretesslagen)in 2009. The act details which information government agencies can keep secret, under what circumstances, and towards whom. According to the Chapter 2, Article 2 of the Freedom of the Press Act: "The right of access to official documents may be restricted only if restriction is necessary having regard to

• the security of the Realm or its relations with a foreign state or an international organization;
• the central finance policy, monetary policy, or foreign exchange policy of the Realm;
• the inspection, control or other supervisory activities of a public authority;
• the interest of preventing or prosecuting crime;
• the public economic interest;
• the protection of the personal integrity or economic conditions of private subjects;
• the preservation of animal or plant species. "

This list is exhaustive and the Parliament may not legislate about restrictions outside the scope of this list, and any restrictions have to be legislated into the Public Access to Information and Secrecy Act previously mentioned.

Secrecy is limited to a maximum time of 70 years (when relating to individuals that is 70 years after the person's death).

Act of Succession

Main article:Swedish Act of Succession

Sweden's switch from elective to hereditarymonarchyin 1544 gave reason to Sweden's first law ofconstitutionalcharacter, in form of a treaty between the royaldynastyand the realm represented by thefour Estatesto be valid for all times.

Accordingly, the current 1810 Act of Succession (Swedish:Successionsordningen, SO) is a treaty between theold Riksdag of the Estatesand theHouse of Bernadotteregulating the right to accede to the Swedish throne. In 1980, the old principle ofagnatic primogeniture,which meant that the throne was inherited by the eldest male child of the preceding monarch, was replaced by the principle of absolute primogeniture. This meant that the throne will be inherited by the eldest child without regard to sex. TherebyPrincess Victoria,the eldest child ofKing Carl XVI Gustaf of Sweden,was created heiress apparent to the Swedish throne over her younger brother, until thenCrown Prince Carl Philip.

Former Lutheran state church

See also:Church of Sweden

In 1593, after 70 years ofReformationandCounter-Reformationin Sweden, adherence to theAugsburg confessionwas decided and givenconstitutional statusat theSynod of Uppsala(Swedish:Uppsala möte). References to Uppsala Synod have since then been worked into the fundamental laws, notably theAct of Succession.

In 2000, the Church was separated from the state and became an independent organization,but the ruling body of the church is still decided by public voting (among members of the church), and mostly consists of the political parties. The Church of Sweden is often classified as a semi-state church. This is because of its formal separation from the state but its lasting ties with official Sweden, most notably the Riksdag and the monarch. The Church of Sweden is also the only religious organization regulated by its own law, the Church of Sweden Act, which stipulates that the Church of Sweden has to be a democratic, Lutheran, Folk church. As a result of the separation, people born in Sweden where the parents are members of theChurch of Swedensince 2000 no longer become members of the church automatically at birth.

Amendments

Amendments of the fundamental laws must be adopted twice by the Riksdag with asimple majorityof the votes cast, with intervening elections. Within 15 days of an amendment's first enactment, at least one-tenth of all MPs may bring a motion for a referendum which must be supported by at least one-third of all MPs. The referendum is held simultaneously with Riksdag elections and the amendment is deemed rejected if a simple majority of voters reject it, provided the majority is a majority of all valid votes. If the people do not dismiss a change, it still has to be ratified by the newly elected Riksdag. Such a referendum has never been used.

See also

• Instrument of Government (1634)
• Instrument of Government (1719)
• Instrument of Government (1720)
• Instrument of Government (1772)
• Instrument of Government (1809)
• Law of Sweden

External links

• Regeringsform(1974) – at Wikisource (in Swedish)
• Swedish historical documents– at Wikisource
• The Constitution– at the website of theRiksdag
• The Constitution– at the Government.se web portal