Supreme Court of Sweden

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The Palace of Bonde, situated right next to the House of Knights, is the current seat of the Supreme Court

The Supreme Court of Sweden (Swedish: Högsta domstolen) is the supreme court and the third and final instance in all civil and criminal cases in Sweden. Before a case can be decided by the Supreme Court, leave to appeal must be obtained, and with few exceptions, leave to appeal can be granted only when the case is of interest as a precedent. The Supreme Court Justices are appointed by the government, but the court as an institution is independent of the Riksdag, and the government is not able to interfere with the decisions of the court.

[edit] History

Historically, all judicial power was vested in the Swedish monarchs, but in 1614 Gustavus Adolphus instituted Svea Hovrätt and authorized it to issue sentences in his name. Those not satisfied with sentencing were able to turn directly to the monarch, and appeals were handled by a committee of the Privy Council.

Under the authoritarian rule of King Gustav III, the Privy Council was suspended in 1789, and instead on May 19 His Majesty's Supreme Court was instituted on to handle legal matters. There were twelve judges of the court, half of which was to be nobles and half commoners. While in session, no more than eight judges could serve at the same time, and with equal numbers of nobles and commoners. In the court the king held two votes, as well as the deciding vote in case of a tie. However, this voting right was never exercised, except on the centennial of the court, when King Oscar II took part in the decision of one case.

Under the 1809 Instrument of Government, the judges of the Supreme Court became salaried civil servants, with the title of Councillor of Justice (Justitieråd). The Lord High Steward or Justiciar (Riksdrots) became the new Minister of Justice and the foremost member of the court in 1809, but when the modern government ministries were created in 1840, the minister of justice were separated from the court. In 1844 the requirement on equal numbers of noblemen and commoners in service as judges of the court was dropped.

In 1909 the Government Court (Regeringsrätten) and the Council on Legislation (Lagrådet) were created to assume certain tasks that had been handled by the Supreme Court. The Government Court assumed responsibility for ruling on administrative cases and the Legal Council received the responsibility for judicial review (strictly speaking legal preview). At the same time the monarch lost voting power in the court.

The right to appeal cases to the Supreme Court was limited for the first time in 1915. A special dispensation was required before trying a minor civil or criminal case. Dispensation was to be given when there was a ruling that could become a precedent, and in 1945 this requirement was extended to all cases.

In 1948, the legal procedure was supplemented with oral proceedings and to satisfy the need for additional space the Supreme Court was moved in 1949 from the Royal Palace to the Palace of Bonde on Stadsholmen.

By the Instrument of Government of 1974 the Supreme Court discontinued the practice to award sentencing in the name of the Swedish monarch (Kungl Maj:t), as well as announcing them at the Royal Palace where they had been adorned with the royal seal.