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.

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.

The Court of Justice of the European Union has progressively revised the rule of purely internal situations to ensure a wider scope of application of the economic freedoms as well as the EU citizenship right to move and reside freely within the Union. This development, combined with the increasing importance of fundamental rights, has strengthened the family life protection of those EU citizens who come within the scope of EU law. The limit between the individuals who may benefit from a EU right to family reunification and fundamental rights protection and those who find themselves in purely internal situations has, however, become more legally uncertain. The disadvantage suffered by those who fall outside the scope of EU law is known as reverse discrimination.The 2011 case Zambrano confirmed the trend towards an increasingly generous EU law protection of family life in cases where the exercise of freedom of movement and enjoyment of EU citizenship rights is potentially restricted by a Member State measure. By contrast, in the subsequent McCarthy- case, it became clear that families in purely internal situations may only rely on national immigration and procedural law to obtain family reunification and protection of their fundamental rights.

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 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.

This paper investigates whether there is a right not to suffer from poverty. The investigation is being conducted from the theoretical standpoint/view that only civil and political rights constitute justiciable rights and rights proper from a moral stance, whereas economic and social rights constitute mere political agendas or less.In the search of an answer to this question the content of economic and social rights, and thereafter civil and political rights will be outlined, followed by an inquiry of what should really be considered as rights. Finally, the arguments against economic and social rights as real rights is presented and scrutinized.This paper will conclude that the stated difference between the above-mentioned sets of rights is illusory and that the right not to suffer from poverty ought to have the same status as civil and political rights..

This article seeks to re-imagine the Alandish hembygdsrätt to a regional citizenship. Hembygdsrätt is a judicial tool that regulates acquisition of property and voting rights. Its a central part of the autonomy as it constitutes a social-border between Finns and Alanders.However as Åland and Finland became members of the European Union questions arouse concerning the legitimacy of the current statues. The community argued that it could be considered as a breach of the anti-discrimination principle. Therefore Alandish autonomy was recognized as an exception in the joint-accession treaty of Finland and Åland.

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.

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 Human Rights claim that all humans have special rights that are not allowed to be broken or violated. Although these rights are broken and violated by states every day. One major fact that makes this possible is the principle of sovereignty that includes all states, and which says that every state has the power and right to make decisions and create laws within the own country without the interference of other actors. In other words, the problem is that the states have to much power in relation to actors usch as the United Nations and to the rules of the Human Rights. This essay describe a possible way to strengthen the power of the Human Rights so that all humans can be guaranteed the fulfillment of the rights..

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.

AbstractMany of the refugees around the world today are children. Some of these children are travelling alone without anyone looking after them. These children flee from their countries to save their lives and as they are children they need special care and protection. This thesis has investigated the protection given to unaccompanied children during the asylum process in the two key instruments in the area: the Convention of the Rights of the Child and the Convention Relating to the Status of Refugees. The Refugee Convention does not contain any procedural rights and does not specifically acknowledge children, even though they are included in the scope of the Convention.

Even though many states have ratified the UN Convention on the Rights of the Child and sworn to protect human rights, viloations occur every day both in developed and developing countries. United Nations gave Sweden critique for not implementing the Convention conrerning article 11, which raises the question how respected the Convention is amongst other states? Does democracy contribute to a higher level of implementation?.

AbstractMany of the refugees around the world today are children. Some of these children are travelling alone without anyone looking after them. These children flee from their countries to save their lives and as they are children they need special care and protection. This thesis has investigated the protection given to unaccompanied children during the asylum process in the two key instruments in the area: the Convention of the Rights of the Child and the Convention Relating to the Status of Refugees. The Refugee Convention does not contain any procedural rights and does not specifically acknowledge children, even though they are included in the scope of the Convention.