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Portrait of Torvald Larsson. Photo.

Torvald Larsson

Senior lecturer

Portrait of Torvald Larsson. Photo.

The Supreme Administrative Court and the Legislature in Sweden

Author

  • Torvald Larsson

Editor

  • Wojciech Piątek

Summary, in English

This contribution discusses relations between the Swedish SAC and the legislature (Riksdag), focusing on how Sweden balances popular sovereignty with judicial independence. The analysis focuses on the legislature's influence on the SAC and – on the other hand – the SAC and its judges’ impact on the legislature, especially the constitutional control of draft legislation carried out by the Council on Legislation, as well as the SAC performing judicial review of legislation. The contribution thoroughly presents the Cementa case, a recent legal dispute highlighting the interplay between judicial review and legislative supremacy. This case illustrates the judiciary's restrained role in challenging legislative decisions. The study concludes that while judicialisation has increased the SAC's prominence, Swedish constitutional law remains grounded in popular sovereignty. This dynamic creates a delicate balance between democratic decision-making and the rule of law, with courts exhibiting cautious deference to legislative authority.

Department/s

  • Department of Law
  • Public Law

Publishing year

2026-01-13

Language

English

Pages

148-168

Publication/Series

Beyond Adjudication : Exploring the Multifaceted Role of Supreme Administrative Courts

Document type

Book chapter

Publisher

Edward Elgar Publishing Ltd.

Topic

  • Law

Keywords

  • Administrative law
  • Judicial review
  • Consitutional law
  • Separation of powers
  • Förvaltningsrätt
  • Konstitutionell rätt
  • Maktdelning
  • Rättsprövning

Status

Published

Research group

  • Public Law

ISBN/ISSN/Other

  • ISBN: 978-1-03537-240-9
  • ISBN: 9781035372416