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The Supreme Administrative Court and the Legislature in Sweden

Larsson, Torvald LU (2026)
Abstract (Swedish)
This contribution discusses relations between the Swedish SAC and the legislature (Riksdag), focusing on how Sweden balances popular sovereignty with judicial independence. The analysis focuses on the legislature's influence on the SAC and – on the other hand – the SAC and its judges’ impact on the legislature, especially the constitutional control of draft legislation carried out by the Council on Legislation, as well as the SAC performing judicial review of legislation. The contribution thoroughly presents the Cementa case, a recent legal dispute highlighting the interplay between judicial review and legislative supremacy. This case illustrates the judiciary's restrained role in challenging legislative decisions. The study concludes that... (More)
This contribution discusses relations between the Swedish SAC and the legislature (Riksdag), focusing on how Sweden balances popular sovereignty with judicial independence. The analysis focuses on the legislature's influence on the SAC and – on the other hand – the SAC and its judges’ impact on the legislature, especially the constitutional control of draft legislation carried out by the Council on Legislation, as well as the SAC performing judicial review of legislation. The contribution thoroughly presents the Cementa case, a recent legal dispute highlighting the interplay between judicial review and legislative supremacy. This case illustrates the judiciary's restrained role in challenging legislative decisions. The study concludes that while judicialisation has increased the SAC's prominence, Swedish constitutional law remains grounded in popular sovereignty. This dynamic creates a delicate balance between democratic decision-making and the rule of law, with courts exhibiting cautious deference to legislative authority. (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
in press
subject
keywords
Administrative law, Judicial review, Consitutional law, Separation of powers, Förvaltningsrätt, Konstitutionell rätt, Maktdelning, Rättsprövning
host publication
Beyond Adjudication : Exploring the Multifaceted Role of Supreme Administrative Courts - Exploring the Multifaceted Role of Supreme Administrative Courts
editor
Piątek, Wojciech
publisher
Edward Elgar Publishing Ltd.
ISBN
978 1 03537 241 6
978 1 03537 240
language
English
LU publication?
yes
id
df6e44b9-2d12-4593-8b64-a52f429ee267
date added to LUP
2025-10-01 18:10:15
date last changed
2025-10-06 16:08:25
@inbook{df6e44b9-2d12-4593-8b64-a52f429ee267,
  abstract     = {{This contribution discusses relations between the Swedish SAC and the legislature (Riksdag), focusing on how Sweden balances popular sovereignty with judicial independence. The analysis focuses on the legislature's influence on the SAC and – on the other hand – the SAC and its judges’ impact on the legislature, especially the constitutional control of draft legislation carried out by the Council on Legislation, as well as the SAC performing judicial review of legislation. The contribution thoroughly presents the Cementa case, a recent legal dispute highlighting the interplay between judicial review and legislative supremacy. This case illustrates the judiciary's restrained role in challenging legislative decisions. The study concludes that while judicialisation has increased the SAC's prominence, Swedish constitutional law remains grounded in popular sovereignty. This dynamic creates a delicate balance between democratic decision-making and the rule of law, with courts exhibiting cautious deference to legislative authority.}},
  author       = {{Larsson, Torvald}},
  booktitle    = {{Beyond Adjudication : Exploring the Multifaceted Role of Supreme Administrative Courts}},
  editor       = {{Piątek, Wojciech}},
  isbn         = {{978 1 03537 241 6}},
  keywords     = {{Administrative law; Judicial review; Consitutional law; Separation of powers; Förvaltningsrätt; Konstitutionell rätt; Maktdelning; Rättsprövning}},
  language     = {{eng}},
  publisher    = {{Edward Elgar Publishing Ltd.}},
  title        = {{The Supreme Administrative Court and the Legislature in Sweden}},
  year         = {{2026}},
}