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Begreppet rättssäkerhet och den nya migrationsprocessen : en begreppsanalys av språkbruket kring rättssäkerhet i förarbetet till och i utvärderingen av 2006 års svenska migrationsreform

Morell, Olivia LU (2013) MRSG20 20131
Human Rights Studies
Abstract (Swedish)
The purpose of this academic paper is to analyze the use of language in the government bill and the official reports by the Swedish Government regarding the reform on the field of migration - the documents that are used as primary sources for this paper. The reform, that was put into practice in 2006, led to a new Swedish Aliens Act and a reorganization in the migration and asylum procedure, and was considered necessary in order to strengthen the rule of law in this legal area.

This paper aim to provide a better understanding of the Swedish term rättssäkerhet, which best can be described as rule of law and/or legal certainty, by investigating how it is used in the documents mentioned above. Questions on how this term is defined and used... (More)
The purpose of this academic paper is to analyze the use of language in the government bill and the official reports by the Swedish Government regarding the reform on the field of migration - the documents that are used as primary sources for this paper. The reform, that was put into practice in 2006, led to a new Swedish Aliens Act and a reorganization in the migration and asylum procedure, and was considered necessary in order to strengthen the rule of law in this legal area.

This paper aim to provide a better understanding of the Swedish term rättssäkerhet, which best can be described as rule of law and/or legal certainty, by investigating how it is used in the documents mentioned above. Questions on how this term is defined and used in the primary sources, and whether the use of language in this case is problematic, are answered in the paper.

For the concept analysis, theories about formal and material rule of law/legal certainty provided by law scholars Åke Frändberg and Aleksander Peczenik are used. The discussion focuses on the usage of the term, for example that the word as used in the primary sources is similar to the definition of formal rule of law and that it is associated with other terms such as effectiveness, urgency of action and predictability. The fact that the term is used frequently in the primary sources without being defined is also discussed, along with the problems that emerge if and/or when the term is not properly defined, such as the term losing its value. (Less)
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author
Morell, Olivia LU
supervisor
organization
course
MRSG20 20131
year
type
L2 - 2nd term paper (old degree order)
subject
keywords
asylprocess, Aleksander Peczenik, rättssäkerhet, den nya migrationsprocessen, utlänningslagen, Åke Frändberg, materiell/formell rättssäkerhet, begreppsanalys, Human rights, Mänskliga rättigheter
language
Swedish
id
3802271
date added to LUP
2013-07-18 16:16:44
date last changed
2014-09-04 08:27:37
@misc{3802271,
  abstract     = {The purpose of this academic paper is to analyze the use of language in the government bill and the official reports by the Swedish Government regarding the reform on the field of migration - the documents that are used as primary sources for this paper. The reform, that was put into practice in 2006, led to a new Swedish Aliens Act and a reorganization in the migration and asylum procedure, and was considered necessary in order to strengthen the rule of law in this legal area.

This paper aim to provide a better understanding of the Swedish term rättssäkerhet, which best can be described as rule of law and/or legal certainty, by investigating how it is used in the documents mentioned above. Questions on how this term is defined and used in the primary sources, and whether the use of language in this case is problematic, are answered in the paper.

For the concept analysis, theories about formal and material rule of law/legal certainty provided by law scholars Åke Frändberg and Aleksander Peczenik are used. The discussion focuses on the usage of the term, for example that the word as used in the primary sources is similar to the definition of formal rule of law and that it is associated with other terms such as effectiveness, urgency of action and predictability. The fact that the term is used frequently in the primary sources without being defined is also discussed, along with the problems that emerge if and/or when the term is not properly defined, such as the term losing its value.},
  author       = {Morell, Olivia},
  keyword      = {asylprocess,Aleksander Peczenik,rättssäkerhet,den nya migrationsprocessen,utlänningslagen,Åke Frändberg,materiell/formell rättssäkerhet,begreppsanalys,Human rights,Mänskliga rättigheter},
  language     = {swe},
  note         = {Student Paper},
  title        = {Begreppet rättssäkerhet och den nya migrationsprocessen : en begreppsanalys av språkbruket kring rättssäkerhet i förarbetet till och i utvärderingen av 2006 års svenska migrationsreform},
  year         = {2013},
}