All offentligt makt ska utövas under lagarna, men är det så? En kvalitativ studie på normers påverkan av juridiska beslut

Sammanfattning: All judicial power is to be condemned by the law according to the Swedish constitution but does this apply to a frame law where there is a legal gap that the decision makers can fill with other norms than legal norms? According to the paradigm of sociology of law do other factors than just legal norms affect the judicial decision. This means that the judicial decisions might be affected by factors contradictory to the Swedish constitution. This examination has chosen to study the appeal judicial decision related to one paragraph in the Swedish fire legislation, 2 chapter 2 § lag (SFS 2003:778) om skydd mot olyckor (LSO), made by decision makers in the Swedish county administration boards to investigate if the paradigm can be applied to that frame law. The paragraph regulates individual’s obligations to prevent fires from endangering humans. The examination has chosen to incorporate social science theories and previous science research about norms, judicial decisions and theories about decision makers to get a better understanding for both the judicial decision but also for the factors that influence it. The examination has made a document study of the judicial decisions in three steps. The first step was to identify and categorize norms due to an essence- and content analysis. The next step was to do an investigation of the chosen law to identify legal norms in the chosen paragraph. The last step was to do a comparison analysis between the two first steps to clarify if the identified norms in the judicial decisions are legal norms or different kinds of norms. The analysis proved that several of the identified norms where not legal norms and thus is the legal gap in 2 chapter 2 § LSO filled with other norms such as social and institutional norms. The conclusion is therefore that the paradigm of sociology of law is applicable on the chosen frame law and the result is also accordant with the selected social science theories. Hence is the chosen frame law not in conformity with the Swedish constitution. This examination is certain that this affects the people who is trying to get a fair judicial process when they appeal a decision that they think is lawfully wrong. People expect their appeal to be legally proceeded according to the written law and not filled with nothing other than legal norms.