| 1. |
|
|
| 2. |
- Bremdal, Patrik, 1980-
(författare)
-
Riksdagens kontroll av regeringsmakten
- 2011
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- With power comes responsibility, which requires both information about actions taken by those in power, and mechanisms for effective accountability. The possibility for the elected representatives to review and take action against the government and its exercise of power is central in our constitution. In this thesis the author demonstrates the opportunities that members of parliament have at their disposal to control and to hold government accountable. These are interpellations, questions, the review of the Committee on the Constitution, specific debates, the vote of confidence, and the prosecution of ministers. Together they form a system of rules that constitutes the basis for parliamentary control of power in and also for this thesis.In this thesis the author discuss the role and function of the parliamentary control of power in Sweden. It is important to consider all forms such control in order to optimize the performance of the control system as a whole. It is also important to see the linkage between control and democratic and constitutional values in order to understand its role and significance. One aim of this thesis is to analyze the parliamentary review of government with a partly new approach. The author place the discussion within a theoretical framwork of accountability and thereby put the mecanisms of control in context. This creates a deeper understanding of the power of control and its function and significance.The author want to bring a principled and theoretical dimension into the analysis of both the various elements that make up the Riksdag's control power, and the whole that these elements cronstitutes. A systematic model is constructed to enhance the understanding of the Riksdags’s direct control of governmental power. The analysis of the individual institutions of control also aims to create a more realistic pictures of those institutions.
|
|
| 3. |
|
|
| 4. |
- Ruotsi, Mikael, 1978-
(författare)
-
Svensk yttrandefrihet och internationell rätt : Den grundlagsskyddade tryck- och yttrandefriheten och dess relation till Europakonventionen, EU-rätten och FN:s konvention om medborgerliga och politiska rättigheter
- 2020
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In Swedish constitutional law freedom of expression is protected by three discrete constitutional acts; the Instrument of Government (IG), the Freedom of the Press Act (FPA) and the Fundamental Law on Freedom of Expression (FLFE). The IG grants protection to freedom of expression on similar terms as article 10 of the ECHR, article 19 of the ICCPR and article 11 of the EU Charter. The FPA and the FLFE, on the other hand, are primarily concerned with protection of media speech and provide protection for expression which is disseminated via certain media formats (e.g. printed materials and tv and radio transmissions). The FPA and the FLFE are frequently amended to accommodate technical progress and the increasing internationalisation of Swedish internal law.The FPA and the FLFE are generally considered to provide more robust free speech protection, in comparison to what is required under international human rights standards. However, these assumptions lack solid factual support. One aim of this thesis is to explore how freedom of expression is protected under the ECHR, EU law and the ICCPR in the following areas, where the protection of the FPA and the FLFE is considered to be particularly far-reaching; censorship and prior restraints, editorial freedom, protection of journalistic sources, the right to acquire information, and the right of public employees to impart information to the media.Furthermore, this thesis aims to analyse to what extent the application and interpretation of the Swedish constitutional laws can, and ought to, be influenced by Sweden’s international obligations to protect freedom of expression – in particular under the ECHR, EU law and the ICCPR. In part, these questions are related to the Swedish dualist approach towards international law. However, the thesis is not limited to an analysis of traditional doctrines such as direct effect and consistent interpretation. It provides an in-depth exploration of the profound effects that, primarily, the ECHR and EU law have had on how individual rights are conceived of and are applied in Swedish law. One of the main arguments in this thesis is that the Swedish constitutional protection of freedom of expression ought to embrace a more coherent perception of how the right’s scope and limits are structured and interpreted.
|
|
| 5. |
- Cegrell Karlander, Isa, 1981-
(författare)
-
Officialprincipen i migrationsprocessen : Domstolens utredningsansvar
- 2021
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The dissertation analyses the court’s duty to investigate when adjudicating migration cases, particularly asylum cases. The duty is stipulated in Section 8 of the Administrative Court Procedure Act. The dissertation aims to clarify the meaning of the provision. The court shall ensure that a case is as well investigated as its nature requires. In doing so, the court needs to decide whether there are relevant circumstances and evidence beyond what the parties have presented. If so, the court must ex officio take the necessary investigative measures to ensure the case can be considered ready for a ruling.To determine whether an investigation is robust, the court must consider the parties’ claims in light of the substantive rules and decide what factual circumstances, are to be proven. In asylum cases, the court must apply the provisions of the Aliens Act to determine whether the asylum seeker should be granted a residence permit or be deported - two alternative legal consequences. According to the principle of non-refoulement, the court must decide whether the asylum seeker is at risk of being subjected to treatment that would serve as grounds for protection, if repatriated. Examination of the case is thus forward-looking, which is one of several factors that place special requirements on the court when assessing the robustness of the investigation. I argue that the Migration Court of Appeal pays insufficient attention to the dual legal consequences; residence permits are often emphasised rather than deportation, which places the state's responsibility to respect the principle of non-refoulement in the background.In its case law, the Migration Court of Appeal has identified a number of investigation deficiencies. A case analysis of some 40 rulings, in which the duty to investigate is addressed, shows inter alia that the Migration Court of Appeal adduces both legal facts and evidence ex officio, issues injunction to parties and, many times, overturns the appealed decision and remands the case to the lower court for further proceedings. Since explicit reference to Section 8 of the Administrative Court Procedure Act is occasionally lacking, it is somewhat difficult to adequately review precedent setting.
|
|
| 6. |
- Dahlman, Christian, et al.
(författare)
-
Bush v. Gore
- 2020
-
Annan publikation (övrigt vetenskapligt/konstnärligt)abstract
- Rättsfallspodd från Juridiska fakulteten
|
|
| 7. |
|
|
| 8. |
|
|
| 9. |
|
|
| 10. |
|
|
