The Instrument of Government – 50 years

The Instrument of Government – one of Sweden’s four fundamental laws

Sweden has four fundamental laws: the Instrument of Government, the Act of Succession, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The Instrument of Government is the most fundamental of these laws, as it describes how the country shall be governed, which democratic rights the citizens enjoy, and how public power shall be divided.

Sweden’s first Instrument of Government was enacted in 1634. The Instrument of Government that was replaced in the 1970s had been adopted on 6 June 1809. This was the same date that Gustav Vasa was elected king in 1523. These two events are the reason we celebrate Sweden’s national day on 6 June. Sweden’s new and current Instrument of Government was announced by the Riksdag on 6 March 1974.

Why a new Instrument of Government?

The primary reason for introducing a new Instrument of Government was that Sweden had become a parliamentary democracy, but according to the old Instrument of Government from 1809, the King still ruled the country. The power was divided between the King, the Riksdag and to some extent the courts. In the new Instrument of Government, the King is still head of state, but no longer has any political power; his role is entirely ceremonial. All public power proceeds from the people according to the Instrument of Government, and governments appointed by the parliament shall be given the opportunity to implement their policies. On the other hand, a minister or government can, according to the new Instrument of Government, be discharged by means of a declaration of no confidence. 

Sweden’s membership of the EU also changed the way Swedish is governed, as EU laws affect Swedish legislation.  At the same time, Swedish voters were given the right to vote in elections to the European Parliament.

Even if the emphasis of constitutional policy has been different for the right-wing and left-wing parties, the decisions on constitutional amendments have been reached through compromise and taken by broad consensus.

The fundamental laws are more difficult to amend than other laws. There should be time for reflection and ensuring that the consequences have been thoroughly considered before changes are made. To make an amendment to a fundamental law, the Riksdag must adopt two decisions of identical wording with a general election between the decisions.

Additions have been made to the Instrument of Government over time

Several additions have been made since the Instrument of Government was adopted in 1974. The first additions concerned freedoms and rights, for example that the citizens should be protected from abuses by the state. In general, constitutional control of political decisions has increased and is laid down in the Instrument of Government. For example, new legislative proposals from the Government can be examined by the Council on Legislation before they are issued, and courts can later examine whether they comply with the Instrument of Government. The Council on Legislation is a public authority that is responsible for examining whether draft laws contain any problems of a legal nature.