Lagrådet - Avstyrkanden för en god lagstiftning?
Sammanfattning: The Legal council is a central part of the legislation process. It constitutes an important function in aiding the government with valuable legal technical knowledge, for good legislation to be created. In order for the legislation to be considered as good, it needs to fulfil its overall functions, which can be summarized as insuring of a basic security in the society through multiple aspects. Citizens shall be guaranteed certain basic democratic rights and enjoy different kinds of protection. Furthermore, shall the legislation make demands of the society to provide the interest of the majority on several levels and it shall also insure a guarantee in the rule of law. The legislation shall be stable, flexible and be able to be interpreted and applied in a predictable way. This is crucial in the perspective of rule of law, but also in enabling an efficient conflict resolution. In order for a law to be interpreted as good it is furthermore a prerequisite that it fulfils different kinds of rationality claim. The established practice from The Legal counsel shows that these are embedded in 8 kap.22 RF. When bills are rejected by the Legal counsel, it can either be opposed completely or seriously criticized. Last autumn KU noticed that the number of bills that are opposed or seriously criticized had increased, which the committee looked seriously at. After a study of a representative selection of these Legal counsel opinions, an established practice of law has been discerned regarding its examination alignment. It shows that there aren't any mayor differences in the examination alignment between the established practice of The Legal counsel and what appears from the doctrine. Furthermore, there are lessons to be learned from the study. It does occur recurrent circumstances that cause opposing or serious criticism. Bills need to be preceded by necessary analyses for the examination of The Legal counsel to be fulfilled. Otherwise the Legal counsel cannot assess or take a stand regarding how the bill relates to the examination points in 8 kap. 22 § RF. Furthermore, the government must focus in creating determined, necessary conditions, since the opposite could cause multiple consequences. It is also important that the need of legislation is based on legitimate material or at least motivated in a clear way. The introduction of legislation where there aren't any needs, may be hollowing its authority. The Legal counsel opinion is only advisory, which means that bills can be adopted by a majority of the government regardless of how poor they are. Considering the increasing amount of bills that are either opposed or seriously criticised, it would be appropriate for the KU to complete similar reviews in the future. If it should escalate once more, it should be considered to review the position of the Legal counsel if not it's role may be hollowed in time.
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