Från majoritetsviljans förverkligande till mänskliga rättigheter. En idealtypsanalys av juridifiering och dess påverkan på demokratin i Sverige

Abstract

Judicialization, courts growing power over the decision-making process, has been a growing interest of political science since the 1990s. However, there is a disagreement on its consequences on democracy. To sort out the differences, this thesis focus on the phenomena of judicialization as it has emerged between 2010-2020 in Swedens’ Supreme Administrative Courts’ possibility of judicial review – the invalidation of decisions made by the government. Based on two different definitions of democracy the thesis applies descriptive statistics and an ideal-type analysis to evaluate the cause of the judicialization process. Concluding that the judicialization in Sweden is based in an, slowly but yet noticeable, expanding incorporation of human rights in the decision- making process. The change of judicialization can be described as a motion from a majoritarian and open democracy principle to a reserved view of democracy with, in the Swedish case, greater concern for human rights.