Besvärsrättsinstitutet för detaljplan, mellan politik och juridik -En studie av Plan- och bygglagen utifrån demokrati- och ekonomivärden, samt jurdifiering.

Abstract

This master thesis examines appeals rights throughout the history of the Swedish planning- and building act, starting in 1979 and up until 2017. The act is studied using a theoretical analysis tool consisting of Lennart Lundquist´s democratic values, economic values and Berry Tholens liberal and republican traditions. The analysis tool incorporates aspects of juridification to analyze the assessments between the balance of the private and the public interests, and whether or not it could be understood as a task for political decision-making or judicial review. The study comprises of data using official reports from the Swedish government and governmental bills. These data are used to get an understanding of the development of the appeal rights in the planning- and building act and the transformation of those rights. The findings show the act has undergone several changes in the right to appeal. The act has continuously moved towards putting more emphasis on economic values, rather than democratic ones. The prevalence of economic values in the planning- and building act is accompanied by the effects of juridification Juridificaiton of the act gives courts and tribunals significant influence in spatial planning. In this master thesis planning is regarded as a political task, accordingly this theme problematized.