Nämndemannasystemet ur ett rättssäkerhetsperspektiv

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The focus of my thesis has been the Swedish lay judges. My purpose has been to examine the Swedish system of lay judges and furthermore study it in relation to legal certainty. My major problem statement has been: In accordance with legal certainty, what advantages and disadvantages can be seen with the system of lay judges? The Swedish lay judges participate primarily in district and appellate courts. The ambition is to have the lay judges represent the general population and strengthen the public’s trust in the adjudication process. The system has often been criticised for the fact that lay judges are nominated by political parties and most appointed lay judges are politically active. According to Aleksander Peczenik, whose theory about legal certainty is used in my thesis, legal certainty is a combination of predictability and ethical values. Predictability, which is the formal aspect of legal certainty, is supported and maintained by factors such as independent courts, legal professionals and an autonomous legislation. Furthermore, legal certainty is a promotional factor for democracy and a legitimate legislation. The insight in the judicial process that can be provided by the lay judges can be seen as an advantage for the legal certainty. As an indirect representation of the public, the system of lay judges can strengthen the legitimacy of the courts and the legal certainty. The lay judges’ lack of legal education and training can be seen as a disadvantage for the legal certainty. Their lack of training in neutral judgement could pose a risk to an assessment free of other values. This could impair the autonomy of the law, the independence of the courts, and thereby the legal certainty.

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