Abstract"The war on terror" has resulted in numerous exceptions from the Constitutional order. This thesis is an attempt to give empirical support to Georgio Agambens theory that these exceptions should be regarded as a constant element in modern societies based on a Constitutional order. The results of the case study of the empirical exceptions in the American context give Agambens theory validity. The exception is a reappearing phenomenon, which implies that the Constitutional order is fragile. What then is it that makes the legal norms fragile? In this thesis I will discuss the causality of moral panic.

This essay presents an alternative approach to the predominant democratic analysis of the European Monetary Union. As the Treaties stipulate the political conduct within Monetary Union and put certain restrictions on the European politicians they are to some extent constitutional in their character. Essential for constitutional theory is the concept of precommitment; according to which a decision is made in t1 purposing to obstruct certain actions in t2. In light of this the aim of this essay is to investigate whether or not delegating monetary responsibility to the ECB can be seen as an example of constitutional precommitment and if so, if this constitutional perspective can add something to the predominant democratic analysis of the EMU. According to the author the EMU is by and large a form of precommitment as the leading politicians in Europe figuratively have tied their hands from intervening in the common monetary policy.

This case study is an attempt to give empirical support to Georgio Agambens theory, regarding how the exceptions from the Constitutional order should be regarded as a constant element in modern societies. The purpose was to investigate if Agambens theory is valid in the Swedish context. The exception, as definied by Agamben, is a reappearing phenomenon, which implies that the Constitutional order is fragile. Individuals and groups are transferred into ?homo sacers?, meaning people that is to be regarded as legally naked, and offset from the rest of society.What then is it that make the legal norms fragile? In this thesis I will discuss the causality of moral panic.

Since Sweden became a member of the European Union (EU) several constitutional reforms has been taking place. During this time, Sweden has also changed its view on democracy,from a collective to an individual perspective of democracy in the politics. A reasonable hypothesis and the purpose of this essay is to investigate if the Swedish government has beendeveloped towards an Europeanization.The Swedish state audit changed in a pioneering way after the EU- entry, with the formation of Riksrevisionen. Another constitutional change is that the Swedish EU- membership is being instituted in the Swedish constitution. The role of Swedish courts has also changed since the EU- entry.

The purpose of this study is to examine how parliament executes its responsibility of oversight against the government. In Sweden, parliamentary oversight of the government rests with a standing committee of parliament known as the constitutional committee.Drawing on general principal-agent theory I construct a model in which members of the constitutional committee are seen as agents in double and conflicting agency assignments. This constitutes a problem for the agent. Since it is the party group in parliament that controls the fulfilment of the agents? objectives, the agent is presumed to follow the party assignment to the detriment of the parliament assignment.The model generates two hypotheses concerning they type of oversight we should expect the members of the constitutional committee to perform against the government.

German regional policy has changed from a strategy of redistribution to a regional growth focused policy- strategies, which are often seen as opposites. Both policies, however, still have to relate to the constitutional objective ?to achieve equal living conditions for the country?s citizens.?This paper examines what effects a political change may have had on the interpretation of the German constitutional objective. Its aim is to examine German regional policy and its relationship to justice, using John Rawls? A Theory of Justice.

This essay has the ambition to examine and compare Croatia?s and Bosnia and Herzegovina?s development towards a consolidated democracy. By applying Linz & Stepen?s theory on how to consolidate a democracy and put focus on political society, behavioral patterns, attitude and constitutional structure the purpose is to find similarities and differences between Bosnia and Croatia within this field.The focus of this study is to compare two similar countries that have developed in very different ways. By applying the theory and a comparative method the purpose is to examine why two so similar countries with so much in common have developed in so different ways?In order to better answer the question there are two part questions and these are:What difficulties, concerning consolidation of democracy, have Croatia and Bosnia faced since the democratic transition in the beginning of the 1990s?What similarities and differences in the area of democratic consolidation (with focus on political society, behavioral patterns, attitude and constitutional structure) are there between the two countries?As the analysis shows, the main reason why these two countries differ so much is that Bosnia is a divided country with different nationalities and each nationality only wants to realize its own interest and does not care about what is best for the country as an entity.

This essay examines a presupposed correlation between the way one look upon values and the way one look upon the will of the people in a theoretical democratic context. The more specific purpose is to test the following hypothesis: There is a reversed connection between the way one look upon values and the way one look upon the will of the people in a theoretical democratic context, that is; a strong claim of values give reason to a limited conception of the will of the people and a weak claim of values gives reason for a more unlimited conception of the will of the people.In order to test the hypothesis I examine three different conceptions of democracy, these are: pluralist democracy, deliberative democracy and constitutional democracy. I analyze the way they look upon values, there view of the will of the people and finally if there is a connection between the way they look upon values and the will of the people. Values should be understood in a metaethical context. In other words it is not values in the ?common? meaning, instead its how val-ues in them selves should be understood, and even more relevant, what we mean when we ex-press values.My conclusions are, first and foremost, that there is a correlation between the will of the people and values, according to the formulation of the hypothesis.

This essay examines a presupposed correlation between the way one look upon values and the way one look upon the will of the people in a theoretical democratic context. The more specific purpose is to test the following hypothesis: There is a reversed connection between the way one look upon values and the way one look upon the will of the people in a theoretical democratic context, that is; a strong claim of values give reason to a limited conception of the will of the people and a weak claim of values gives reason for a more unlimited conception of the will of the people.In order to test the hypothesis I examine three different conceptions of democracy, these are: pluralist democracy, deliberative democracy and constitutional democracy. I analyze the way they look upon values, there view of the will of the people and finally if there is a connection between the way they look upon values and the will of the people. Values should be understood in a metaethical context. In other words it is not values in the ?common? meaning, instead its how val-ues in them selves should be understood, and even more relevant, what we mean when we ex-press values.My conclusions are, first and foremost, that there is a correlation between the will of the people and values, according to the formulation of the hypothesis.

The topic of this master thesis in legal science is state law and constitutional law, or more specific judicalization, with the division of power and thus increased individual legal rights in various forms. Sweden has traditionally had a weak constitutional protection for the individual?s legal rights. The public power has been concentrated to the government and the courts have only played a marginal role. Since the implementation of the European convention of legal rights and with the ever-increasing importance of the legal system of the European Union, the Swedish legal system gone through changes of historical dimensions.This master thesis is based on the legal dogmatic method where laws, preparatory work, case law and doctrines have been systemized.

The main purpose of this essay is to investigate the legal position for employers concerning protection against what employees can express about one?s employer in social media.It may regard dissatisfaction concerning employment, tort or so-called whistleblowing. The spread through social media may be comprehensive and thus cause more damage to the employer.Employees within the public sector as well as in the private are protected by the liberty of speech, which is constitutional, even the protection of sources or the right to criticize can offer some protection. This gives the employees the possibility to widely express themselves in private social media as long as it can?t be classified as a violation, which per se is very rare.However, certain differences between the both sectors will be pointed out.There are still no constitutional rights regarding social media, but a grey area has emerged concerning the legal position.

The main purpose of this essay is to investigate the legal position for employers concerning protection against what employees can express about one?s employer in social media.It may regard dissatisfaction concerning employment, tort or so-called whistleblowing. The spread through social media may be comprehensive and thus cause more damage to the employer.Employees within the public sector as well as in the private are protected by the liberty of speech, which is constitutional, even the protection of sources or the right to criticize can offer some protection. This gives the employees the possibility to widely express themselves in private social media as long as it can?t be classified as a violation, which per se is very rare.However, certain differences between the both sectors will be pointed out.There are still no constitutional rights regarding social media, but a grey area has emerged concerning the legal position.

Despite the fact that the issue has been discussed for several decades, there are still no rules in Sweden mandating political parties and candidates to disclose received donations. Because of this lack of transparency, Sweden is not fulfilling some of its international obligations and has fallen behind in the international trend to increase the transparency of election campaign finance. The lack of disclosure rules in Sweden has led to extensive criticism, most notably from the Council of Europe´s group of states against corruption, Greco, who criticized Sweden in light of the guidelines on the subject from the Council of Europe. At this writing, a new proposal for disclosure rules is being prepared at the Department of Justice, DoJ. The proposal is to be presented in spring 2013.

This essay revolves around two questions: what is the nature of politics, and what kind of political order ensures a high rate of citizen participation? By using Cantal Mouffes theory on the political this essay shows how different understandings of the nature of politics can lead to diverging views on what forms democracy should take. Two such understandings are identified; one that sees the nature of politics as characterized by conflict and power, one that sees it as a space for cooperation in search for the common good. I trace these different ideas about the political in the parliamentary debate concerning Swedish constitutional reform. I conclude that the left-of-centre parties hold a view of the political closer to the conflict-perspective, while the green party together with the liberals/conservatives lean closer to the opposite view..

The intention with the research was to investigate the role of civil society in the Kenyan democratization process. The research intends thus to analyze (1) the role of civil society in Kenya's transition to democracy (1990- 2002), and (2) the role of civil society in the further democratization process (2002- 2013).The results of the research demonstrates that the role of civil society played a crucial role in Kenya?s transition to democracy given that civil society provided with a multiparty- system in 1991. In addition, civil society endowed with education for citizens in order to attain constitutional reforms. As a result, Kenya accomplished a transition to democracy in 2002.