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FACTS ABOUT THE RIKSDAG

The fundamental laws – rules for society


PHOTO: MELKER DAHLSTRAND

It is the Government that represents


Sweden when decisions are taken in the
Council of the European Union. But
the Government is accountable to the
Riksdag and is obliged to keep the
Riksdag informed of developments
Most countries have a set of written fundamental laws relating to the EU and its own work in
containing the basic rules for society. Legislation of the EU.
this type is also called a Constitution. The Swedish
Constitution consists of four fundamental laws: The Instrument of
• the Instrument of Government Government
• the Freedom of the Press Act The most all-embracing fundamental
• the Fundamental Law on law is the In-strument of Government.
Freedom of Expression The Instrument of Govern-ment, the
• the Act of Succession. latest version of which came into force
in 1974, sets out how democracy is to
The fundamental laws are regarded as the highest be implemented in Sweden. It also
level of public regulation and no other laws may con- defines the distribution of power
tradict them. The fundamental laws are intended to between the Riksdag, Government,
safeguard democracy and are therefore more difficult local authorities, administrative
to amend than other laws. An important reason for agencies and courts.
this is that there needs to be time to reflect on chan- Democracy means government
ges and the possible consequences of these changes. by the people. According to the
In order to amend a fundamental law, the Riksdag opening paragraph of the
must vote in favour of the proposal for amendment Instrument of Govern-
on two separate occasions. A parliamentary election ment, “All public power
must be held between these two occasions. In con- in Sweden proceeds
nection with the parliamentary election, the Riksdag from the people”. This
can hold a referendum on the proposal. However, this is implemented by
possibility has never been made use of to date. means of universal
The Riksdag Act occupies an intermediate posi- suffrage, whereby
tion between fundamental law and ordinary law. It all votes are of equal
contains provisions on the organisation and working value, and through the
procedures of the Riksdag. freedom
Sweden’s membership of the European Union The to express
Sami one’s
Parliament
thoughts and opinions.
(EU) is enshrined in the Instrument of Government. Democracy is, in other words,
As a result of Sweden’s EU membership, the Riksdag The Sami Parliament was established in 1993.
a way of making decisions, but it is also
has transferred some of its decision-making powers It has as its goal to safeguard, develop and
important that the decisions are
to the EU. This is possible in matters not relating to coordinate all matters concerning Sami areas
democratic. This means that they must
the principles for how the country is governed and of interest. It does not have power of taxation
be based on democratic ideas, such as
that do not conflict with the European Convention on and cannot adopt laws.
the equal value of all people.
Human Rights.
Fundamental aims
Public power shall be exercised with
respect for all people’s equal value and
the liberty and dignity of the
individuals. L
2  Facts about the Riksdag  The fundamental laws

The fundamental aims are the personal, economic The equality of all persons before the law
and cultural welfare of the individual. The right of Sweden is a state governed by the rule of law. This
the individual to work, housing and education is also means that everyone shall be treated equally before
highlighted. Society shall also promote social care the law and the courts and administrative authorities
and social services as well as favourable conditions shall be objective and impartial. The courts, adminis-
for good health. Promoting sustainable development trative authorities, Riksdag and Government are also
for a good environment is another goal. obliged to follow the law.
Society shall also work to combat all forms of Neither the Riksdag nor the Government may
discrimination. intervene in the decisions of the courts. Nor may they
The Sami people, as well as ethnic, linguistic and intervene in decisions by administrative authorities
religious minorities in Sweden shall have the oppor- regarding matters relating to individuals or local
tunity to preserve and develop a cultural and social authorities.
life of their own. One example of this is the Sameting, The Government submits certain legislative pro-
which is the Sami parliament. posals for legal review to the Council on Legislation.
This is an independent body which examines the
Citizens’ rights and compliance of the proposals with the fundamental
freedoms laws and with the judicial system in general.
A funda-
mental Representative democracy
right in a The Instrument of Government emphasises the fact
democracy that Sweden is a representative democracy. This
is that citizens can means that the people choose their representatives
express themsel- in the Riksdag, and municipal and county councils
ves freely in speech, at general elections. The elected representatives – the
writing and in pictu- politicians – are accountable to the voters for their
res. They must also decisions. The work of the politicians is carried out in
be entitled to convey the public eye and their actions can be examined.
information and express The principle of all power proceeding from the
thoughts, opinions and people is realised by means of our parliamentary
feelings in other ways. system of government. At the centre of this system is
Everyone must also be the Swedish parliament – the Riksdag. The Riksdag
entitled to procure and adopts laws, and determines central government taxes
receive information. They must have the right to and how central government funding shall be used.
organise and participate in demonstrations in public The Government governs the country and is
places and to join associations and organisations. It accountable to the Riksdag. The Government must
must also be permitted to practise one’s religion, alone enjoy the confidence of the Riksdag or at least be
or together with others. accepted by the Riksdag in order to remain in power.
The Instrument of Government contains a list This is known as the principle of parliamentary
of the freedoms and rights that all Swedish citizens government.
and others enjoy. Many of these rights and freedoms
are absolute and can only be changed by means of 349 members of the Riksdag elected
amendments to fundamental law. It is, for example, every four years
only possible to abolish the ban on capital punish- Every four years, 349 members are elected to the
ment or corporal punishment by amendments to Riksdag in free and secret elections, in accordance
fundamental law. One right that can be changed by with the Instrument of Government. This means that
means of ordinary legislation is the protection against the elections shall be held without external pressure
secret monitoring of telephone conversations etc. In and that voters cast their vote behind a screen where
most cases, the rights and freedoms set out in the nobody can see how they vote. All Swedish citizens
fundamental laws also apply to foreign citizens who who have reached the age of 18 are entitled to vote
are resident in Sweden. and are also eligible for election to the Riksdag.
The fundamental laws Facts about the Riksdag 3

The Prime Minister appoints thority under the Riksdag which examines all central
the Government ministers government activities and ensures that these are car-
The Government consists of the Prime Minister and a ried out efficiently.
number of ministers. To be a minister, it is necessary
to be a Swedish citizen. International relations
After an election, it is the Speaker of the Riks- It is the Government that enters into international
dag who consults the party leaders and proposes a agreements with other countries and international
candidate for Prime Minister. When the Riksdag has organisations. The Government discusses and seeks
approved the Speaker’s proposal, the Prime Minister support for its foreign policy from the members of
appoints the other Government ministers. the Riksdag in the Advisory Council on Foreign
According to the Instrument of Government, Affairs. Many agreements require a decision from the
Sweden is a monarchy where the head of state is a Riksdag, for example when an amendment to law or a
king or queen without political power. new law is required.

Central government income and expenditure


It is the Riksdag that makes decisions concerning
Freedom of the press and
central government taxes, and every autumn it deter- freedom of expression
mines the central government budget for the coming Sweden was the first country
year. The Government is responsible for and controls in the world to include free-
central government assets. However, the Govern- dom of the press and free-
ment is always obliged to act in accordance with the dom of expression in its
Riksdag’s decisions. fundamental laws. This
The Riksbank is an authority under the Riksdag. occurred as early as
The Riksbank is the central bank of Sweden and is the 18th century. Our
thus responsible for monetary policy and has the current Freedom of
exclusive right to issue coinage and banknotes. the Press Act dates
from 1949.
Local self-governance In order to pro-
Decisions in municipalities, county councils and re- tect the freedom of expression in radio, TV, film and
gions are also made by elected politicians. Municipa- sound recordings, a new fundamental law, the Funda-
lities, county councils and regions deal with regional mental Law on Freedom of Expression, was adopted
matters that are of public interest or decided in law. in 1991. This law also applies to digital media.
They also have the right to levy tax. The rules on freedom of the press and freedom
of expression exist to enable people to freely express
Control of political power what they feel and think, to discuss and spread their
The Government is accountable to the Riksdag, and opinions. This is a precondition for the free exchange
the Riksdag examines how the country is run and of information. A condition is, however, that this is
managed. It carries out its control by means of the done without insulting or offending anyone.
Committee on the Constitution which examines how
the ministers perform their official duties and how A common foundation
the Government deals with its business. The Riksdag Both the Freedom of the Press Act and the Funda-
can decide on a declaration of no confidence in a mental Law on Freedom of Expression contain a ban
minister. If crime is suspected, the Committee on the on censorship. However, based on the Fundamental
Constitution can consider whether criminal proceed­ Law on Freedom of Expression, a special law has
ings should be instituted. been adopted stipulating that all films to be shown
The opportunity for members of the Riksdag to to children under the age of 15 at a public screening
put questions to the ministers is another way for the must first be classified by the Swedish Media Council.
Riksdag to scrutinise the work of the Government. The Freedom of the Press Act and Fundamental
The Parliamentary Ombudsmen examine how Law on Freedom of Expression also provide a protec-
laws and other statutes are applied in public sector tion of sources. This means that a person providing
activities. The National Audit Office is another au­ information for publication has the right to be anon­
4  Facts about the Riksdag  The fundamental laws

Officials and others working for central or local


Amendments to the Constitution government have the right to disclose what they
know to outsiders. They also have the right to provide
Here are some examples of major amendments information to the media (freedom to communicate
that have been made to the fundamental laws: information).
Public sector employees have a duty of confiden-
1866 The Riksdag of the Estates becomes the
tiality as regards secret material. They do, however,
two-Chamber Riksdag
have the right to provide information to the media
1909 The majority of men are given the right for publication, with certain exceptions.
to vote Local authority activities are increasingly being
1921 Women are given the right to vote run in corporate form. The rules on the freedom to
1921 Capital punishment in times of peace is communicate information have therefore also been
abolished extended to apply to employees at municipal founda-
tions, companies and associations.
1973 Capital punishment in times of war is
Court proceedings are open to the public. This
abolished
means that the public and the media have the right
1975 The King loses all political power to attend. However, some proceedings may be held
2000 The Church is separated from the State behind closed doors when they concern information
2010 A vote on the Prime Minister is to be that is subject to secrecy, or when the court makes a
held after each election decision.

Some documents are secret


ymous. Journalists are therefore bound by a duty of In certain cases, official documents may be kept se-
confidentiality and are not permitted to disclose who cret, for example in the interests of national security
has provided information to them. It is also forbidden or in relation to another state. Protection of Sweden’s
for authorities to try to find out who the source is and financial, monetary or currency policy, or prevention
threaten with reprisals. or punishment of crime are other examples of matters
that may be kept secret.
Abuse leads to legal action
A person who abuses the freedom of the press can be The Act of Succession
sentenced for a freedom of the press offence. The Act of Succession from 1810
Offences against the security of the realm and regulates who may succeed to
agitation against a population group are freedom of the throne. Since 1979, both sons
the press offences. In certain cases, defamation and and daughters of the King have
insults against a specific individual may also be consi- had this right. A condition for
dered freedom of the press offences. a prince or princess to retain
During a trial of a freedom of the press case, a the right to the throne is that
group of individuals who are not lawyers – a jury they have the Government’s
– normally takes part. If the jury acquits, the court consent when they get married.
must accept the outcome. Another condition is that the royal family professes
the Protestant faith on which the Church of Sweden
Right to transparency is based.
The public and the media are entitled to an unim­
peded view of central and local government activities. Read more
Fact sheet six of a series of six • March 2019

This right is set out in the Freedom of the Press Act


and anyone is free to access the authorities’ official • The fundamental laws are available in full text on
documents on paper or in another format. the Riksdag website
• The Constitution of Sweden

To order printed matter: www.riksdagen.se/bestall or +46 8 786 58 10


If you have any questions: riksdagsinformation@riksdagen.se or 020-349 000
Postal address: The Riksdag, SE 100 12 Stockholm. Telephone: +46 8 786 40 00

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