By Stig Strömholm (auth.), Stig Strömholm (eds.)
TO SWEDISH legislations quantity I AN creation TO SWEDISH legislation quantity I EDITED through STIG STROMHOLM SPRINGER SCIENCE+BUSINESS MEDIA, LLC ISBN 978-94-017-4349-5 ISBN 978-94-017-4347-1 (eBook) DOI 10. 1007/978-94-017-4347-1 ©Springer Science+Business Media manhattan 1981 initially released by means of Kluwer Deventer, The Netherlands in 1981 Softcoverreprint ofthe hardcover 1st variation 1981 All rights reserved. No half ofthis e-book should be reproduced, kept in a retrieval method, or Iransmitted in any shape in any way, digital, mechanical, photocopy ing, recording or another way, with no the past written permission ofthe writer. EDITOR'S PREFACE the aim of this ebook is to supply a reasonably huge survey of the Swedish felony procedure. to be able to stay away from attainable sadness, it is going to look vital to clarify from the outset what sort of questions the authors suggest to reply to and what teams of readers they're addressing. one of the best ways to do that is to set out what we aren't purporting to do. hence, the publication isn't really meant to function a primer for college kids who own no wisdom of "the law", i. e. of the strategies, principles and strategies of no less than one criminal approach. neither is it the aim of the authors to offer practitioners the type of special, techni cal solutions to remoted questions that they want whilst advising their consumers at the right plan of action in company, or litigation, con ducted in the framework of the felony process described.
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Extra resources for An Introduction to Swedish Law: Volume 1
As the Social Democratic members of the Commission on the Constitution expressed it, there should be "a declaration concerning the endeavours in the welfare state to achieve economic, social and cultural development and equality". As regards this issue, the result of the work of the Commission on Rights and Freedoms in 1973-75-the third major Commission on the Constitution -and the subsequent partial reform of the Constitution, on the basis ofthis work, in 1976 has been that RF, chap. I, sec. 2, contains a statement of certain values on which there was thought to be such general agreement that they should be emphasized in the Constitution as guidelines for official activities in Sweden.
There exist considerable differences, which go beyond the level of details, not only between Scandinavian law and the other branches of Roman-Germanic law but also betwe'en the different Scandinavian systems themselves. Another frequently used method of characterizing Scandinavian Introduction 33 law, for comparative purposes, in a summary way, is to say that it holds a position intermediate between Continental law and the common-law systems. This is a more questionable way of describing Scandinavian law, for there are in truth very few respects in which the Nordic legal systems present features found in common law but not in the Continental legal systems; there are, it is true, a number of Roman-law institutions which are lacking both in common law and in Scandinavian law, but that common poverty does not tell us much about the relationship between the two legal systems concerned.
Instead, the thesis urged 48 Constitutional Law is that the Constitution should possess real significance as carrying out the function of the legal basis for the exercise of governmental power, a regulation which is of topical interest and by which the actors on the public scene are effectively bound. In accordance with the basic ideology outlined above, the complete revision that occurred in 1973-74 should open the way to a constitutional tradition characterized by an endeavour continuously to adapt the Constitution to the changes in fundamental conditions caused by important social changes, for example, as regards sociological and economic factors.