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- Dahlman, Per, 1929-
(författare)
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Kyrka och stat i 1860 års svenska religionslagstiftning
- 2009
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The 1860 Swedish legislation on religion finally brought an end to the hitherto prevailing unified view on the church and the state in Sweden. The church and the state were from now on marked out as separate units. This took place primarily through the abolition of defection from the Evangelical-Lutheran faith as a criminal offence. This faith had been prescribed in the 1686 Swedish Canon Law and in the 1734 general legislation. Anyone who abandoned the Lutheran confession should now no longer be exiled and disinherited. At the same time, the Church of Sweden lost its privileged position as the only permitted church in the country. With the permission of the King, other Christian churches would be allowed some limited scope for working in Sweden, but they were forbidden to engage in mission. Members of the Church of Sweden were accorded the right to associate and to form dissenter congregations with a confession other than that of the Church of Sweden. They were also accorded the right to transfer to another church within the country, permitted by the King. These rights only applied to those who had previously been subject to extensive warning procedures before the vicar and the diocesan chapter. Anyone who had not been admitted to another permitted church in accordance with the rules laid down continued to be considered as a member of the Church of Sweden. This also applied to those who had abandoned the Lutheran confession. The effect of all this was that the character of the Church of Sweden, as in principle a strictly confessional church, changed and the Church of Sweden thus embarked on its path towards becoming a “folk church” instead. With the 1860 legislation, the ground was prepared for the municipality reform in 1862 and for the representational reform in 1865.The ecclesiology behind the new legislation would play a significant role in later developments within the Church of Sweden and its various concepts of being a “folk-church” – a church open and available for everyone. This study traces the way in which the 1860 Swedish legislation came into being 1856-1860 and analyses its meaning and implications.
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| 3. |
- Ställvik, Olof, 1975-
(författare)
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Domarrollen : Rättsregler, yrkeskultur och ideal
- 2009
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The role of judges has not previously been systematically analyzed in Swedish legal research. Rather, legal scholarship has focused on the role of courts as institutions in the legal system. This is despite the fact that legal education in Sweden is often said to be focused on the methods used by judges when dealing with cases. The aim of this dissertation is to consider the professional position of judges in Sweden by applying an interdisciplinary approach. This is done by combining the legal and constitutional notions of judicial independence with theories on professionalization and de-professionalization. Empirically the investigation is based on a constitutional and historical analysis as well as in-depth interviews with eighteen Swedish judges, thereby taking a broad methodological approach. The main conclusion is that actual judicial independence can not be attained solely by legal means and instruments. In fact, legal culture (as defined by the Finnish legal scholar Kaarlo Tuori) and judicial culture (as in professional culture) are more important for the existence of judicial independence than legal rules alone. Thus, professional values are often a more important guarantee of judicial integrity, professionalism and good judgment than constitutional or legal rules. However, legal rules can be a gauge as to how judicial independence is valued and ascertained in a specific legal culture. In Sweden, the judicial professional culture has been closely linked to the executive branch of government since the early 17th century. From a constitutional perspective, this raises questions concerning the independence of the judiciary vis-à-vis the executive and, perhaps more importantly, how judges perceive themselves and their role in the larger context of the Swedish legal order and legal culture. Are judges thus the agent of the executive, the protector of civil rights, the arbitrator of disputes, or something else? Furthermore, some recent developments in administrative management have put courts and judges under pressure. Often labeled New Public Management, these tendencies have conveyed a greater focus on the economic efficiency of public management, including auditing, management by objectives, and decentralization. This focus on management and economic efficiency threatens to infringe on professional autonomy and thus on judicial independence. However, this development is somewhat countered by other developments in Swedish legal culture, notably the influence of European human rights and community law.
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