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Scandinavian law, also known as Nordic law,Wahlgren, P. (2007). What is Scandinavian law? Social private law. Stockholm: Stockholm Institute for Scandinavian Law, Law Faculty, Stockholm University. is the law of the five Nordic countries countries, namely Denmark, Finland, Iceland, Norway and Sweden. It is generally regarded as a subgroup of civil law or as an individual legal body in itself. Prior to the 19th century, the
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The early laws were not formatted as they are in modern-day legal systems, rather they used codes. These included private law, namely criminal law, family law, succession, property law, contract law, constitutional and administrative law. Laws relating to the Church were usually treated separate to laws of the states and people. The codes represented customary laws and usually, foreign influences were neglected. Mutual with Germanic laws, the provincial laws abided by externalities and thus, were more advanced. King Magnus' Swedish code (1350) abolished the concepts of vengeance, stating that the king's officials should be the necessary authorities in administering criminal proceedings and hold punishment for those who went against the law. Further, presumably by influence of the Christian religion, the legal system was introduced for the benefit of peasants and the helpless class.
Although in 1380 Norway and Denmark were ruled by a common king – Olav IV, the two states maintained laws separate to one another. Before the acquisition by Frederick III in 1660, supplementary laws were introduced. During the rule of Christian V, a thorough process of codification took place, with the earlier laws being replaced by Christian V's Danish Code (1683) and Norwegian Code (1687). These new laws were predominantly based on the existing laws of the two countries with influences of Germanic and Roman laws being fairly minor. Similar to the earlier laws, these new laws consisted of both public and private law. At the time of their drafting, these codes read well and reflected individual human rights and the ideologies of equality. Further, in comparison to the laws of other European countries, the criminal law provisions were fair, humane and reflected individual rights.
In Sweden, the laws issued by King Christopher in 1442 were affirmed by Charles IX in 1608. However, following the Danish-Norwegian reforms, a royal commission was assembled to draft a modern new code. The result being, ´the "Law of 1734", assented by Frederick I. Held by Sweden since the 13th century, Finland followed the Swedish law of 1734, which was translated in Finnish as "Law of the Realm of Finland".
While the historic codes still hold significance in Scandinavia today, the developments in modern Scandinavia has led to growth in Scandinavian civil law by way of statutes. Although the five Nordic countries follow similar legal theories, they have developed their own legal standards. Nonetheless, the countries follow an agreement to cooperate on legislative matters.Cagan, D. and Simonyi, A. (n.d.). Nordic Ways.
Since 1872 when the agreement was entered into, the organised legislative cooperation in Scandinavian law has progressively increased in significance. As such, the Nordic states have achieved uniform legislation, in fields of contracts, commerce, family, nation and extradition.Husa, J., Nuotio, K. and Pihlajamäki, H. (2007). Nordic law. Antwerp: Intersentia.
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Due to the Nordic legal cooperation, this list is not exhaustive. Laws are informed and correspond to the other Scandinavian states. The three distinctive sections of Norwegian law are the Constitution, then ordinary statutes and followed by the regulations derived from statutes Nyulawglobal.org. (2017). Guide to Legal Research in Norway - GlobaLex. online Available at: http://www.nyulawglobal.org/globalex/Norway.html#_1.1_Norwegian_Law. Accessed.
Norway adopted its Constitution in 1814 and holds the position of the second oldest hand-written Constitution in the world which is still in use. The Constitution consists of a set of Norwegian laws based upon the legal principles of sovereignty, the separation and division of powers and universal human rights.
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The Constitution forms three distinctive branches of government, including:
Article 49 and 75 of the Constitution highlight the principles of sovereignty whereby it states that the people of Norway issue laws, make decisions regarding the states' funds, impose taxes and supervise authorities, including the Government, by way of the Storting.
Stated within Article 3 of the Constitution, the executive power is held by the King, or the Queen. However, according to Article 27, Royal laws are adopted by the King in Council. Such laws are validated by the Prime Minister, the political leadership upon which the constitutional and senatorial responsibility is bestowed.
Published by the Faculty of Law in Oslo and Fagbokforlaget, Norges lover is Norway's most comprehensive code of law. It consists of one volume published annually and used by law students, legal professional and officers of the court. The code contains the Constitution, legislation in force, adopted legislation yet to take effect and also pre-1814 legislation which is still valid and in force.NORGES LOVER. (2018). S.l.: VIGMOSTAD & BJORKE.
As the Storting only passes entirely new Acts and abolishes the old Acts, amendments to legislation are integrated in the existing statutes. The Norges Lover follows a chronological order by date of enactment, excluding the Constitution, which is placed at the front of the code.
Sweden's Constitution consists of the four "fundamental laws", consisting of:
Further to the above, there is also the Riksdagordningen (2014) which translates to the Parliament Act (2014),however this is not classified as a law fundamental to the state.
The fundamental laws take precedence over all other laws and the courts have a obligation to judicially review new laws. The written Constitution regulates the Riksdag – the Swedish Parliament, the appointing of Government officials and it sets out the key ways in which Sweden's authorities shall function.
The Swedish Code of Statutes is Sweden's official compilation of all laws enacted by the Riksdag and regulations issued by the Government.Riksdagen.se. (2018). Documents and laws. online Available at: http://www.riksdagen.se/en/documents-and-laws/ Accessed.
This Code is enacted into statutory law, however it forms its own disjointed legal code containing all of the laws passed by the Government, including civil and criminal law, procedure, regulations, legal information and all other legal articles pertinent to Sweden. Although Sweden follows a civil law system, this Code of Statutes combines both statutory and civil law. The Code is amended frequently and amendments are integrated to the existing statutes. Similar to Norway, Sweden's Constitution is placed at the front of its Code of Statutes.
Being a member of the European Union, Finland enacts many European Union laws and implements the European Union directives in its national laws.Nyulawglobal.org. (2017). Guide to Legal Research in Norway - GlobaLex. online Available at: http://www.nyulawglobal.org/globalex/Norway.html#_1.1_Norwegian_Law. Accessed.
Finland's current Constitution came into force in 2000 and aims to regulate legislation and the manner in which government power is exercised. It specifies the primary rules, values and principles of the Finnish government and democracy. Furthermore, it details the significance of the relationship between the citizen and the government. In relation to the government, the Constitution governs the use of government power, the government organisation and the authorities and organs of the government.
The legal system primarily consists of statutory regulation, principles and laws. Similar to the other Nordic states, although the courts have authority to create laws, the statutory law is supplemented by customary law and case law. Alike all other Scandinavian countries, the Constitution of Denmark is at the top of the legal hierarchy.Eurojuris España. (2018). Denmark Legal Guide. online Available at: http://www.asociacion-eurojuris.es/en/denmark-legal-guide/ Accessed.
Adopted in 1849, the principal aim of Denmark's Constitution was to abolish the absolute monarchy by limiting the King's power and introduce a system of democracy. It establishes the framework for governance by way of structure, procedure, power and the duties bestowed on the Danish Parliament.
The Danish Parliament known is not permitted to make laws which may invalidate or contradict the Constitutional Act. Although Denmark does not have a court to try constitutional matters, laws can be declared unconstitutional and void by the judgment of the Supreme Court of Denmark.
The most recent Constitution of Iceland is of 1999. It is regarded as the supreme law of Iceland and highlights the leadership structures of the country and preserves the human rights of its citizens.
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Apart from the Constitution from which it is influenced and regulated, legislation in Iceland takes primacy as a source of law. The increasing propensity of social, economic and political trends has resulted in a greater significance of laws by way of new general acts targeting niche sectors such as customs, respect of children, banking, communication and corporations' laws.
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