The positioning of the Supreme Courts in Sweden

– a democratic oddity?

Abstract

The supreme courts are the pinnacle of the judicial system in a country. Therefore, it should go without saying that they are thoroughbred judges, or at least aim to operate as such, i.e. their positioning is that of a third party interpreting the law applicable to disputes among private and/or public entities. One of the features believed to characterise a democratic state that embraces the rule of law as its cardinal principle, is the idea that citizens (among others) can find in the judicial body an impartial party to settle disputes between them and other citizens or public authorities. However, after scrutinizing this “natural” connection between democracy and a supreme court as a third party, one can see that the situation may be more complex and articulated below the surface, both from a general perspective and in the Swedish case.