Research project Does necessity know the constitution? Examining constitutional necessity in Sweden
The central questions examined in this PhD Research Project are the scope for what actions State agents can take in times of crises, and whether or not constitutional necessity can be used as a legal ground for acting outside of the constitution.
The Swedish Instrument of Government does not contain any provisions relating to crises in peace time (or the proclamation of a state of emergency). Extraordinary measures to be taken in times of peace time crises should therefore be taken in compliance with the existing legal framework. However, the occurrence of crises that challenge this notion is not unthinkable, and the question of whether “constitutional necessity” can then be used is unsettled.
The central questions examined are the scope for what actions State agents can take in times of crises, and whether or not constitutional necessity can be used as a legal ground for acting outside of the constitution. Within the project aspects of constitutional law, international law, public law and criminal law will be analyzed.
Supervisor:
Karin Åhman, Professor in Constitutional Law
Assistant supervisor:
Tormod Johansen, Göteborgs universitet
Project members
Project managers
Julia Dahlqvist
Doktorand
