The Nordic Constitutions: A Comparative and Contextual Study

✍ Scribed by Helle Krunke; Björg Thorarensen (editors)

• Publisher: Hart Publishing
• Year: 2018
• Tongue: English
• Leaves: 269
• Series: Hart Studies in Comparative Public Law
• Category: Library

✦ Synopsis

This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership—where the Nordic countries have made different choices at different times—and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region.
Volume 23 in the series Hart Studies in Comparative Public Law

✦ Table of Contents

Preface
Contents
List of Contributors
1. Introduction
I. The Purpose of this Book
II. The Main thesis and Methodology of this Book
III. Structure of the Book
IV. Before We Start: The Nordic Legal Systems as a Legal Family?
2. Common Roots of Nordic Constitutional Law? Some Observations on Legal-Historical Development and Relations between the Constitutional Systems of Five Nordic Countries
I. Introduction
II. The Time before Westphalia
III. The Sovereign State Taking Shape
IV. Constitutionalisation of the Life of the State
V. Concluding Remarks: Fewer Common Roots than Expected
3. Institutions and Division of Powers
I. Introduction
II. Head of State
III. Parliament
IV. Government
V. The Courts
VI. Concluding Observations
4. Mechanisms for Parliamentary Control of the Executive
I. Introduction
II. Ideas Underlying Parliamentary Control and New Challenges
III. The Constitutional Basis of Parliamentary Control
IV. Interpellations and Questions
V. Parliament's Right to Obtain Information and Ministers' Duty to Provide it
VI. Control Mechanisms of Parliamentary Committees
VII. Special Investigation Commissions
VIII. The Role of Parliamentary Ombudsmen
IX. Legal and Political Accountability of the Government and Individual Ministers
X. Concluding Remarks
5. Judicial Review of Legislation
I. Introduction
II. The Constitution as Positive Law
III. Legal-Technical Characteristics
IV. Recent Developments
V. The Constitution and International Law
VI. Concluding Remarks
6. Human Rights in Nordic Constitutions and the Impact of International Obligations
I. Introduction
II. General Observations on the Nordic Constitutional Systems of Rights Protection: Major Idiosyncrasies and Dualities
III. Nordic Constitutional Systems for the Protection of Human Rights
IV. The Relationship between Nordic and International Systems for the Protection of Human Rights
V. Concluding Observations
7. Impact of the EU/EEA on the Nordic Constitutional Systems
I. Introduction
II. The Nordic Countries and EU/EEA Membership
III. How is the EU/EEA Cooperation Embedded in the Nordic Constitutions/Constitutional Systems?
IV. EU Cooperation and the National Nordic Parliaments
V. EU/EEA Cooperation and the National Nordic Courts
VI. EU/EEA and the Nordic Separation of Powers
VII. EU/EEA Cooperation and the Nordic Voters
VIII. Conclusion: How Deep is the EU Divide?
8. Concluding Thoughts
I. Introduction
II. Nordic Values in Constitutions, Legislation and Policy Outcomes
III. The Legal Historical Context
IV. Comparing the Nordic Constitutional Systems at the Functional Level
V. Conclusion
Index