Proposed Constitutional Changes Aim to Strengthen Democracy in Sweden
During a press conference, the Swedish Minister of Justice emphasized that the nation's democratic framework remains robust, despite the prevailing global uncertainties. He noted the challenges faced by democratic institutions in various countries and underscored the importance of not taking Sweden's stability for granted.
In response to these concerns, the government has introduced a new proposition aimed at enhancing the protection of democracy. A key aspect of this proposal is the reinforcement of judicial independence from governmental influence, as well as among individual judges. This will involve the inclusion of a specific clause in the constitution that explicitly states the independence of the judiciary.
Furthermore, the government is seeking to modify the process for amending the constitution. Currently, a constitutional amendment can be passed by the parliament with two votes separated by a general election, requiring only a simple majority for the initial vote. The proposed changes would elevate the threshold for the second vote to a qualified majority, necessitating support from two-thirds of the parliament.
An expert in legal studies from Umeå University expressed approval of the proposed changes, arguing that they strike a fair balance between safeguarding the constitution and allowing for necessary amendments, despite the stricter requirements.
The expert noted that Sweden's constitutional system has previously been fragile, relying heavily on consensus rather than exploitation of existing provisions. He highlighted the importance of waiting for agreement with the opposition before pursuing constitutional changes, rather than pushing through amendments unilaterally.
If the government's proposal is enacted, it will effectively complicate the process for passing constitutional amendments. The expert referred to the initiative as a proactive measure for the future, rather than a response to any current issues.
Moreover, he cautioned against creating a constitution that is excessively difficult to amend, as this could lead to an overreliance on judicial interpretation of the constitution, drawing parallels with the situation in the United States. He emphasized that Sweden has a longstanding tradition of frequently updating its constitution to ensure it remains relevant and accurately reflects the functioning of the state.