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The constitutional foundations of private international law in Sweden

Wenander, Henrik LU (2013) In Essays in Honour of Michael Bogdan p.583-594
Abstract
In a legal system based on democracy and the rule of law, an important fundament for the different branches of law is found in constitutional law. Constitutional rules and principles provide democratic legitimacy of legislation and other forms of exercise of public power. Furthermore, such rules and principles limit the exercise of public power, notably through rules on fundamental rights and on transfer of authority to foreign states and international organisations. All these aspects may be relevant in relation to rules of private international law. However, constitutional aspects of private international law have gained little attention in Sweden. The article aims at identifying and discussing some important parts of the constitutional... (More)
In a legal system based on democracy and the rule of law, an important fundament for the different branches of law is found in constitutional law. Constitutional rules and principles provide democratic legitimacy of legislation and other forms of exercise of public power. Furthermore, such rules and principles limit the exercise of public power, notably through rules on fundamental rights and on transfer of authority to foreign states and international organisations. All these aspects may be relevant in relation to rules of private international law. However, constitutional aspects of private international law have gained little attention in Sweden. The article aims at identifying and discussing some important parts of the constitutional foundations for private international law in Sweden in the light of the rules and principles mentioned. It is concluded that both constitutional law and private international law may benefit from an increased awareness of the possibilities offered by cross-cutting perspectives. Especially, a constitutional perspective on private international law may clarify its place within the Swedish legal system, and thus possibly contribute to the general understanding of this field of law. (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
constitutional law, konstitutionell rätt, private international law, internationell privaträtt
in
Essays in Honour of Michael Bogdan
editor
Lindskoug, Patrik; Maunsbach, Ulf; Millqvist, Göran; Samuelsson, Per and Vogel, Hans-Heinrich
pages
583 - 594
publisher
Juristförlaget i Lund
ISBN
978-91-544-0563-3
language
English
LU publication?
yes
id
a3875a81-ef8b-4e98-b0ad-311c45b9a58a (old id 4219732)
date added to LUP
2013-12-19 11:24:33
date last changed
2016-04-16 08:48:51
@inbook{a3875a81-ef8b-4e98-b0ad-311c45b9a58a,
  abstract     = {In a legal system based on democracy and the rule of law, an important fundament for the different branches of law is found in constitutional law. Constitutional rules and principles provide democratic legitimacy of legislation and other forms of exercise of public power. Furthermore, such rules and principles limit the exercise of public power, notably through rules on fundamental rights and on transfer of authority to foreign states and international organisations. All these aspects may be relevant in relation to rules of private international law. However, constitutional aspects of private international law have gained little attention in Sweden. The article aims at identifying and discussing some important parts of the constitutional foundations for private international law in Sweden in the light of the rules and principles mentioned. It is concluded that both constitutional law and private international law may benefit from an increased awareness of the possibilities offered by cross-cutting perspectives. Especially, a constitutional perspective on private international law may clarify its place within the Swedish legal system, and thus possibly contribute to the general understanding of this field of law.},
  author       = {Wenander, Henrik},
  editor       = {Lindskoug, Patrik and Maunsbach, Ulf and Millqvist, Göran and Samuelsson, Per and Vogel, Hans-Heinrich},
  isbn         = {978-91-544-0563-3},
  keyword      = {constitutional law,konstitutionell rätt,private international law,internationell privaträtt},
  language     = {eng},
  pages        = {583--594},
  publisher    = {Juristförlaget i Lund},
  series       = {Essays in Honour of Michael Bogdan},
  title        = {The constitutional foundations of private international law in Sweden},
  year         = {2013},
}