JURISDICTION, LAW, EDUCATION, CRISIS management, SWEDEN, and SWEDEN -- Politics & government
This article takes the interlinkages between law and politics as its starting point. It analyzes recent changes in the legislative style of education governance in Sweden as not only a species of crisis management, but also a long-term response to a series of tensions arising out of the push toward what has been identified as 'juridification' in many Western nations—the reliance on law and judicial means for addressing core moral predicaments, public policy questions, and political controversies. The article outlines the notion of juridification at a theoretical level and highlights juridification processes and their possible ramifications on education. It argues that recent changes in the legislative style of education governance in Sweden not only reveal much about the commitments and implicit assumptions of modern regulatory and evaluative regimes, but also reflect the general impact of the rationalization of social and political life on the organization of government. The article provides a case with which to examine some of the theoretical underpinnings and implicit conceptual assumptions of modern regulatory and evaluative regimes as well as educational institutions' relationships with the State. It shows that regulatory frameworks define the conceptualizations of what educational institutions do and thus of what actually gets done. [ABSTRACT FROM AUTHOR]
Female offenders--Sweden--History--To 1500, Criminal law--Sweden--History--To 1500, Sex discrimination in criminal justice administrat--Sweden--History--To 1500, and Women--Crimes against--Sweden--History--To 1500
In A Punishment for Each Criminal Christine Ekholst provides the first in-depth analysis of how gender influenced Swedish medieval legislation. The book explores the important legislative changes that took place when women were made personally responsible for their own crimes.
Sovereignty, International law--China, and International law--Sweden
The overall objective of this unique volume is to understand what effects globalisation has had on the traditional views of sovereignty, seen from a Chinese and European, primarily Swedish, perspective. Does the cultural-historical approach have any value in China today or is it only seen as political reminiscence with very little real effects in the wake of globalisation? What are the differences between different understandings of sovereignty in different parts of the world? How has the concept changed generally because of a different international structure, with for example regional integration gaining in importance not least in Europe? These are some of the underlying questions being addressed in this anthology. The authors are Chinese and Swedish scholars who offer reflections from the perspective of legal philosophy, public international law, international human rights law, economic law and international relations.
Texas International Law Journal. Summer2013, Vol. 48 Issue 3, p393-404. 12p.
CUSTOMARY law, CONSTITUTIONAL law, DOMESTIC relations, REAL property, SEPARATION of powers, JUDICIAL review, INDIGENOUS peoples, and SWEDEN
The article discusses the importance of customary law in various fields of law including constitutional law, family law, and real property law in Sweden. The constitutional principle of separation of power adopted in Swedish Constitution law in 1809, which is based on the relation between the Supreme Court and the legislature in judicial review. The European Court of Human Rights addresses the role of public international law in the authorization of customary law regarding indigenous people.
Marriage law--Sweden--History--16th century and Marriage law--Sweden--History--To 1500
Investigating the interaction and tension between Swedish and canonical marriage formation, and the later Lutheran influence, the book offers a case study of marriage formation as a process and the mechanisms of legal reception in medieval and Reformation Sweden.
Mattsson, Pontus, Månsson, Jonas, Andersson, Christian, and Bonander, Fredrik
European Journal of Law & Economics; Aug2018, Vol. 46 Issue 1, p109-139, 31p
INDUSTRIAL productivity, DISTRICT courts, CONDUCT of court proceedings, INDUSTRIAL productivity measurement, and LAW -- Sweden
This study measures the total factor productivity (TFP) of the Swedish district courts by applying data envelopment analysis to calculate the Malmquist productivity index (MPI) of 48 Swedish district courts from 2012 to 2015. In contrast to the limited international literature on court productivity, this study uses a fully decomposed MPI. A bootstrapping approach is further applied to compute confidence intervals for each decomposed factor of TFP. The findings show a 1.7% average decline of TFP, annually. However, a substantial variation between years can be observed in the number of statistically significant courts below and above unity. The averages of the components show that the negative impact is mainly driven by negative technical change. Large variations are also observed over time where the small courts have the largest volatility. Two recommendations are: (1) that district courts with negative TFP growth could learn from those with positive TFP growth; and (2) that the back-up labour force could be developed to enhance flexibility. [ABSTRACT FROM AUTHOR]
German Law Journal; May2018, Vol. 19 Issue 2, p219-249, 31p
WAR & emergency legislation, CONSTITUTIONAL law -- Sweden, and CONSTITUTIONAL law -- Finland
Within Scandinavia, Sweden stands out for not having gone to war in over 200 years. Its neighboring states--Finland, Denmark, and Norway--have not been as fortunate. Their respective constitutions each provide insight into their different experiences. The Swedish Constitution remains silent on emergency situations that do not rise to the predefined level of "war." The Finnish constitution differs from the Swedish in that it allows for time-limited restrictions to protect fundamental rights and freedoms during a state of emergency, aggression, or any other situation that poses a severe threat to the nation, if stipulated by law and in congruence with international obligations of Finland. Importantly, when and how a government can declare a state of emergency is a question of ordinary law, rather than a constitutional one. This Article offers a comparative constitutional law analysis of the relative constitutional silence in Sweden and Finland as concerns emergency powers. The analysis takes as its starting point Böckenförde's The Repressed State of Emergency: The Exercise of State Authority in Extraordinary Circumstances. [ABSTRACT FROM AUTHOR]
GUARDIAN & ward, PEOPLE with mental disabilities -- Care, LEGAL status of adults, ACCOUNTANTS, EVERYDAY life, FAMILIES of people with mental disabilities, MENTAL health laws, LAW -- Sweden, DECISION making, INTERPERSONAL relations, INTERVIEWING, PEOPLE with mental disabilities, ACTIVITIES of daily living, and OCCUPATIONAL roles
The overarching aim of this study is to explore guardianship in terms of its impact on daily lives of adults with intellectual disabilities in Sweden. Based on qualitative interviews, the article focuses on the expected and actual role of limited guardians for people with intellectual disabilities in the context of Swedish laws. Our findings show that the legal definition of limited guardianship is unclear and that this lack of clarity, among other dilemmas, creates conflict among clients, guardians, relatives, professionals and care workers. The guardian may be expected to act as an accountant, a legal advocate, or even a surrogate family member. The result is consistent with previous research in other countries on the consequences of guardianship. The current legislation on limited guardianship is in need of amendment in order to avoid legal uncertainty and ambiguity among clients and their support network. [ABSTRACT FROM AUTHOR]
The Constitutional Documents ofDenmark, Norway and Sweden is published as volume six of the Europe Part of the series Constitutions of the World from the late 18th Century to the Middle of the 19th Century. This volume contains 32 of the most important constitutional documents from these three countries.The historian Thomas Riis has edited the three Danish constitutional texts from the period 1831 to 1849 included in this volume: the'Anordning angaaende Provindsial-Stænders indførelse i Danmark'(1831), the'Verfassungsentwurf für Dänemark, Schleswig und Holstein'(1848) and'Danmarks Riges Grundlov'(1849).A total of six constitutional documents were published in Norway during the relevant period, and each has been edited and annotated here by the jurist Dag Michalsen. Central to these documents are the two constitutions called'Kongeriget Norges Grundlov'from the year 1814 and the'Rigs-Act'of 1815, which have been edited along with their corresponding amendments.The Swedish section of the volume is edited by Magnus Isberg, research assistant at the Swedish parliament, and contains six constitutional texts; namely, the'Regerings-Form'of 1809, the'Riksdags-Ordning'of 1810, and both the first and second'Successions-Ordning'(1809/10) and'Tryckfrihets-Förordning'(1810/12), as well as the corresponding amendments to all of them up to 1844.