In this thesis I examine the development and expansion of judicial power in Sweden. The concept of judicial review is defined and related to democratic theory, and the various forms of judicial review in use in Sweden are explained. The main focus is on the political and scientific discussion concerning judicial review since the mid 1970s. It is shown that judicial review so far has been used only to a limited extent and that the number of court cases has remained quite stable over time. The main cause of Judicialization seems to be the supremacy of EU law following the Swedish EU membership in 1995 and the inclusion of the European Convention on Human Rights into Swedish law.

This thesis examines the reasons behind the Swedish migration policy reform which led to a replacement of the Aliens Appeal Board by the Migration Court. This introduced a two-party procedure, oral hearings and enhanced transparency. It was designed to guarantee the rule of law and to thwart political arbitrariness.The transfer of power from representative institutions to judiciaries is referred to as Judicialization, and the Migration Courts may be considered a typical example of this phenomenon. However, this can be questioned. The straggling nature of the term implies everything and anything unless cautiously defined.