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Den enkla grundlagsändringen - behöver Sverige en starkare konstitutionalism? / The easy way to change the constitution – does sweden need a stronger constitutionalism?

This thesis is arguing that Sweden needs to change the legislation for how the constitution can be changed, to maintain democracy and strengthen the constitutionalism in the country. The argument is based on the fact that the Swedish constitution is easy to change, and the time frame for a change is short if there is a political majority in the parliament. Constitutionalism is often connected with the rule of law, division of powers and constitutional courts, but is in this thesis mainly used as an idea of a restriction of the political majority to prevent misuse of the political power, but also as a tool to maintain democracy. The tension between democracy and constitutionalism is also discussed throughout the thesis to conclude if constitutionalism could be used without interfering with sovereignty of the people. A comparative study is done with Hungary, and the political development in the country is used as an example of the effect of a strong political majority without any boundaries. The countries similarities and differences are presented in relation to democracy and different types of legislation regarding constitutional change. A discussion is held on how constitutionalism can be used as a tool to maintain individual rights and democracy, but also if there are any negative consequences with a strong constitutionalism. The thesis is focusing on the regulation of constitutional change, since it is discussed that the way of changing the constitution is the truly important one to maintain a democratic country. But other aspects of constitutionalism are discussed as well. At the end of the thesis there is a suggestion to change the legislation for constitutional change in Sweden. All the suggestions are supposed to extend the time frame before changes can be made and make it more difficult to change the constitution with a strong political majority.

Identiferoai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-464629
Date January 2021
CreatorsWängelin, Emma
PublisherUppsala universitet, Juridiska institutionen
Source SetsDiVA Archive at Upsalla University
LanguageSwedish
Detected LanguageEnglish
TypeStudent thesis, info:eu-repo/semantics/bachelorThesis, text
Formatapplication/pdf
Rightsinfo:eu-repo/semantics/openAccess

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