The Changing Role of Nordic Courts
(2021) In Ius Gentium: Comparative Perspectives on Law and Justice 90. p.167-183- Abstract
- The Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two... (More)
- The Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/31604b98-6761-48d6-8820-55a99f58bea8
- author
- Sunnqvist, Martin LU
- organization
- publishing date
- 2021
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Procedural law, Processrätt
- host publication
- Rethinking Nordic Courts
- series title
- Ius Gentium: Comparative Perspectives on Law and Justice
- volume
- 90
- pages
- 167 - 183
- publisher
- Springer
- external identifiers
-
- scopus:85143495875
- ISSN
- 2214-9902
- 1534-6781
- ISBN
- 978-3-030-74850-0
- 978-3-030-74851-7
- language
- English
- LU publication?
- yes
- id
- 31604b98-6761-48d6-8820-55a99f58bea8
- date added to LUP
- 2021-07-13 17:16:04
- date last changed
- 2024-07-25 21:11:04
@inbook{31604b98-6761-48d6-8820-55a99f58bea8, abstract = {{The Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home.}}, author = {{Sunnqvist, Martin}}, booktitle = {{Rethinking Nordic Courts}}, isbn = {{978-3-030-74850-0}}, issn = {{2214-9902}}, keywords = {{Procedural law; Processrätt}}, language = {{eng}}, pages = {{167--183}}, publisher = {{Springer}}, series = {{Ius Gentium: Comparative Perspectives on Law and Justice}}, title = {{The Changing Role of Nordic Courts}}, url = {{https://lup.lub.lu.se/search/files/101288961/Sunnqvist2021_Chapter_TheChangingRoleOfNordicCourts.pdf}}, volume = {{90}}, year = {{2021}}, }