Mekanismer i lagstiftningsprocessen till skydd för de grundläggande fri- och rättigheterna : En kritisk analys

Detta är en Uppsats för yrkesexamina på avancerad nivå från Stockholms universitet/Juridiska institutionen

Författare: Frida Lindberg; [2021]

Nyckelord: ;

Sammanfattning: To maintain a good democracy, it´s important that laws are of good quality. For the law to be of good quality the legislative process must follow certain rules. The aim of this thesis is too critically analyzing the system of the legislative process and the protection of the fundamental rights and freedoms. To do so the fundamental rights and freedoms in the Instrument of Government are examined. Further the rules regulating the Government and the Parliament are analyzed.The fundamental rights and freedoms apply to each and every one and are mainly to be regarded when the legislator legislate in public law. The courts and legislator have not usually regarded the fundamental rights and freedoms in the Instrument of Government. Since the reform of the Instrument of Govern-ment in 2010 it has however become more common that the fundamental rights and freedoms are considered. Meaning that the fundamental rights and freedoms have become more influential of the legislative process. However, the legislative process has few mechanisms to safeguard that the fundamental rights and freedoms are regarded. The legislative process is mainly political. For ex-ample, the Government has a possibility to adjust the legislative process de-pending on the subject. Depending on the bill the government refer different institutions. It´s common that the Government asks the Council on Legislation for an opinion. The Council on Legislations opinion on the bill is often consid-ered even thou there is no requirement to do so.After the Government has examined the bill, they present the bill to the Par-liament that also must examine the bill. There are two mechanisms in the Par-liaments examination process to slow down bills that are not in accordance with the Instrument of Government. Firstly, a minority can stay the proceed-ings to promote debate and further consideration about the bill. Secondly, the Speaker can refuse to present the governments bill for the Chamber.The conclusions of the thesis are that even the little changes of a law regard-ing the fundamental rights and freedoms can have a big impact on the protec-tion of the rights and freedoms in the Instrument of the Government. There-fore, it is important that the scope of the rights and freedoms are clarified as well as the meaning of what a limitation of the rights and freedoms are.Finally, the Swedish legislative process is slow, flexible, and open. Meaning that the possibility to criticize and create opinion about a bill is possible for the media. The possibility to follow the legislative process and express opinion about the bill is important to protect the fundamental rights and freedoms.

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