En legitimitetsstudie utav det svenska nämndemannasystemet

Sammanfattning: This thesis analyzes the legitimacy of lay judge’s participation in Swedish courts, addressed as ‘nämndemän’. The Swedish lay judges are assigned in accordance to the proportional share that the political parties receive in the municipal elections. Lay judges therefore represent a political party in court, though sworn by oath not to be affected by it in their judging. The question stated is whether the use of the Swedish lay judges is a legitimate formation of courts, according to the theory in use. The theory that this analysis is based on is Beetham’s “The Normative Structure of Legitimacy”, where he argues that legitimacy is multidimensional and consists of three dimensions. These dimensions are applied, though reconstructed to suit an analysis of the Swedish lay judges. Because of the three dimensions the analysis consists of different analytical objects and methodology. The result of the analysis is that the system is legal and the way politicians justify the system is in accordance to the rules of popular rule. Moreover, the final dimension illustrates delegitimation problems noticed by media. The conclusion is that the Swedish lay judges are a legitimate institution with an element of delegitimation; politically assigned lay judges, which only becomes a problem when publicly questioned.