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The Changing Role of Nordic Courts

Sunnqvist, Martin LU orcid (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:
author
organization
publishing date
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
1534-6781
2214-9902
ISBN
978-3-030-74851-7
978-3-030-74850-0
language
English
LU publication?
yes
id
31604b98-6761-48d6-8820-55a99f58bea8
date added to LUP
2021-07-13 17:16:04
date last changed
2024-07-11 19:12:24
@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         = {{978-3-030-74851-7}},
  issn         = {{1534-6781}},
  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}},
}