Sweden: Non-binding Rules against the Pandemic – Formalism, Pragmatism and Some Legal Realism
| Autor: | Henrik Wenander |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2021 |
| Předmět: |
Constitution
Formalism (philosophy) media_common.quotation_subject Administrative law Common law COVID-19 Administrative court Articles Legal Realism Förvaltningsrätt Legal realism Soft Law Political science Accountability Safety Research Law Allmänna råd Administrative Law Law and economics media_common Soft law |
| Zdroj: | European Journal of Risk Regulation European Journal of Risk Regulation; 12, pp 127-142 (2021) |
| ISSN: | 2190-8249 1867-299X |
| Popis: | Swedish measures to fight the spread of COVID-19 differ from the strategies used in other comparable countries. In contrast to the lockdown approach that has been applied in many European countries, the Swedish strategy has been based to a substantial extent on individuals taking responsibility under non-binding recommendations. This contribution explores the Swedish strategy from a constitutional and administrative law perspective, highlighting the tension between the formalist system for delegating norms under the Swedish Constitution and the pragmatic use of non-binding rules such as the “General Recommendations” adopted by the Public Health Agency. The article concludes that the official use of soft law instruments is confusing from a legal perspective, because non-binding rules do not offer the traditional formal mechanisms for legal protection, the publication of norms or accountability. The legal-realist approach of the Supreme Administrative Court’s case law, however, has the potential of balancing some of the unfortunate effects arising from the Swedish combination of formalism and pragmatism. |
| Databáze: | OpenAIRE |
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