Julia Björverud
Lecturer
Offentlighetsprincipen : Lagstiftarens avvägningar mellan handlingsoffentlighet och sekretess 1809-1980
Author
Summary, in English
Sweden was the first country in the world to introduce rules on transparency in public activities - the principle of public access to official records was introduced as early as 1766 as part of the Freedom of the Press Act of 1766. This legislation, which was unique at the time, has since meant that Sweden has had public access to official records and transparency as the main rule for public activities for the majority of the last 250 years. The distinctive legal heritage that the principle of public access to official records constitutes has contributed to the principle gaining a special position in legislation over time and becoming a central part of the Swedish legal identity. The long tradition of transparency and control of public activities is often emphasised as an explanation for the stable development of society in Sweden. It is assumed that the rules have contributed to an increased trust through public transparency and the limitation of corruption.
Despite its special status and importance for the development of Swedish law and society, relatively little has been written about the historical development of the principle of public access to official records in the 250 years since it was introduced. The purpose of this dissertation is to provide a more profound understanding of the development and significance of the principle of public access to official records in Swedish law. To achieve this purpose, the thesis contains a survey of the development of the Swedish principle of public access to official records from 1809, when the principle was reintroduced in § 86 of the 1809 RF, until 1980 when the Secrecy Act (1980:100) replaced the 1937 Secrecy Act. In addition to an overview of the legal development, the perspective is broadened and the regulations are studied in a historical context. This is done to highlight societal changes that have had an impact. Furthermore, the thesis has a legal cultural starting point, which aims to create a deeper understanding of principles and patterns of argumentation that have come to characterise the legal development, as well as an analysis of the deep structure of the law. Finally, the thesis aims to use a historical analysis to investigate how history affects and influences the principle today.
Despite its special status and importance for the development of Swedish law and society, relatively little has been written about the historical development of the principle of public access to official records in the 250 years since it was introduced. The purpose of this dissertation is to provide a more profound understanding of the development and significance of the principle of public access to official records in Swedish law. To achieve this purpose, the thesis contains a survey of the development of the Swedish principle of public access to official records from 1809, when the principle was reintroduced in § 86 of the 1809 RF, until 1980 when the Secrecy Act (1980:100) replaced the 1937 Secrecy Act. In addition to an overview of the legal development, the perspective is broadened and the regulations are studied in a historical context. This is done to highlight societal changes that have had an impact. Furthermore, the thesis has a legal cultural starting point, which aims to create a deeper understanding of principles and patterns of argumentation that have come to characterise the legal development, as well as an analysis of the deep structure of the law. Finally, the thesis aims to use a historical analysis to investigate how history affects and influences the principle today.
Department/s
- Legal history
- Public Law
- Department of Law
Publishing year
2024
Language
Swedish
Document type
Dissertation
Publisher
Lunds universitet
Topic
- Law
Keywords
- Legal history
- Rättshistoria
Status
Published
Project
- Offentlighetsprincipen 1809-1980
Research group
- Legal history
- Public Law
Supervisor
- Martin Sunnqvist
- Vilhelm Persson
ISBN/ISSN/Other
- ISBN: 978-91-988999-8-6
- ISBN: 978-91-988999-9-3
Defence date
17 December 2024
Defence time
10:00
Defence place
Pufendorfsalen, Juridiska institutionen, Lilla Gråbrödersgatan 3C, Lund
Opponent
- Dag Michalsen (Professor)