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38 Cards in this Set
- Front
- Back
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Two dates to remember: |
1734 - The Swedish legal code 1809 - change of the dynasty, constitution and other stuff |
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Legal families |
A method of comparative law that looks at legal systems globally. Similar national legal systems are placed into "legal families". Examples: Romanic, Germanic, Anglo-American, Nordic. Some of these legal families cover large, diverse areas of the world due to collonisation, eg Anglo-American. |
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Zweigert and Kotz give 5 criteria to be taken into account for legal systems to be considered part of the same family: |
- historical origins - predominate ways of legal thinking - distinctive institutions - recognised sources of law and their interpretation - dominant ideology |
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Swedish codification of law |
1734! Came later than the rest of Scandinavia (Though Norway just copied Denmark as it was owned by it, which is cheating). A lot of the code remains in force and is relevant today. |
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Nordic legal family |
A subdivision of continental law. Can be split into Western and Eastern. Eastern: Denmark, Norway and Iceland. Denmark owned them both at some point. Western: Sweden and Finland. Sweden owned Finland for awhile. |
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Hierarchy of laws |
1. constitutional 2. acts of law 3. ordinances 4. statutory instruments |
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Consitutional law |
Four legal documents: - instrument of government - act of succession - freedom of the press - freedom of expression |
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Acts of laws |
Ordinary acts enacted by Parliament. |
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Three acts considered to be above the rest of the acts of law (though below the constitution) |
The Riksdag Act (specifies the internal workings of the Swedish Parliament) Church of Sweden Act (regulates the relationship of the now separated church and state in Sweden) Act on Religious Communities |
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Procedure for creating an Act of law |
1. suggestion for new law 2. legislative committee 3. report 4. legislative proposal 5. council of legislation 6. government bill 7. parliament committee 8. ACT OF LAW |
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Ordinances |
Ordinances are important laws that have been enacted by the Government instead of Parliament. |
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Statutory Instruments |
Enacted by local authorities or administrative bodies. |
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Stufenbac norms |
Must be followed |
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Preparatory legislative material |
Should be followed |
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Judicial practice |
Should be followed |
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Doctrine norms |
Can be followed |
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Swedish legal education |
- 4.5 years (270 points) to get an LLM - LLD is a doctorate in law - 2 years work experience in a legal court - training at a law firm before joining the bar - no difference between barristers and solicitors |
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General Courts |
- 48 district courts - 6 courts of appeal - 1 supreme court |
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General Administrative Courts |
- 12 Administrative courts - 4 administrative courts of appeal - 1 supreme administrative court |
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Special courts |
- 1 labour court - 1 market court - 1 court of patent appeals - 5 land and environment courts - 7 maritime courts - 3 migration courts |
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How was the King decided in the Middle/Dark ages? |
Elected, though not democratic as very few people were eligible to vote. Gustav Vasa changed it to be hereditary. |
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Christianity in Sweden |
Comparatively late development compared to the rest of Europe. Arrived in 900's, then was slow. Scandinavia got it's first bishop in Lund in 1100's (which was Danish at the time). |
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Swedish social hierarchy |
- royalty - nobility - clerics - burghers - peasants Though no feudal system, so peasants had it alright compared to other parts of Europe. |
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Kalmar Nation |
About 120 years. Scandinavian Union under the Danish Crown that was peacefully disolved. |
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Two dynasties: |
- Vasa - Bernadotte (until present day) |
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Charles XII |
Controversial reign, and his death ended "the age of greatness" - created the "embryo" of the ombudsman by giving the citizens a place to complain about injustice - stayed in Lund and potentially rode his horse up a tower - shot in battle - theories say it may have been by a Swede. |
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1809 |
- start of Swedish modern history - constitution of 1809 - Parliament developed to one chamber (not 2) - cultural reform - revolution! Europe was in chaos because of Napoleon, and Sweden had lost Finland. |
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Gustav IV Adolf |
To start with had a good reign and was well loved, but suffered a mental unbalance. Stubborn, had mood swings about important matters and became obsessed with hating Napoleon. When Parliament disagreed he stopped calling them and became an absolutist. In 1809 there was a revolution, and the Vases regime ended. |
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Instrument of Government 1809 |
Wrote in 3 months and lasted 150 years. Concept was balance and a separation of powers. Mix of tradition and modern ways. Reasonable separation between King, council and Parliament. |
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Separation of 5 powers in Sweden: |
- legislative (split between Parliament, King and council) - executive (king and council) - judicial (independent courts) - power of taxation (Parliament alone) - power of control (Parliament, KU, JO) |
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KU |
Konstitutionutskoltet. Obudsmen that supervises the ministers. |
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JO |
Parliamentary obudsmen a representative with commission. Rol is to criticize and advise (though the "advice" is basically an order) |
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JK |
Royal ombudsmen. Chancellor and is prosecutor for Freedom of Press issues. |
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Council of State |
9 members of state admin to advise the King, with 2 places being considered the most important: - Minister for Foreign Affairs - Minister for Justice |
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Charles XIV John/Karl Johan |
Successor to Vasa empire. French commoner/general under Napoleon. Adopted by current Vasa leader. Wanted peace, which he got, but became paranoid about revolution and even suspended the freedom of Press Act. |
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Riksdag today |
Unicameral (1 tier) and has 349 members. |
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Luis de Geer |
Elected to be head of the Council. Made a new penal code. Stopped unmarried women over 25 being minors. Attempted (and failed) to abolish the death penalty. |
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Name of agricultural reform guy? |
R MacLean |
