Det svenska EU-medlemskapets reglering i grundlag
Sammanfattning: This thesis deals with how the Swedish EU membership has been regulated constitutionally. Although the EU membership arguably has had profound effects on Swedish public policymaking very little about this is mentioned in the constitution. How can that be? The inquiry is made more relevant by the fact it has been described as an “elephant in the room” – an obvious problem that no one wants to discuss. The ambition of this thesis is to try to understand what ideological foundations the regulation has been based upon, and, in turn, what it says about the role of the constitution – how much political influence does it actually have? Using Jon Elsters “three-cornered dilemma” which highlights the tensions between constitutionalism, democracy and efficiency, as a theoretical starting point a conceptual framework is constructed and applied to the debate that lead up to the current regulation. While it is found that the regulation does comply with the basic democratic principles of people sovereignty put forth in the Swedish instrument of government, it also allow great political freedom when it comes to the decision to transfer sovereignty to the EU, and offer little in terms of controlling how that power is being used by the EU.
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