THE INSTRUMENT OF GOVERNMENT ACT, 2024

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PRESENTED BY
AVIATORTRAVEL, JUSTITIEMINISTER, SD
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Bill
An Act to lay down the constitutional foundation of our democratic society and lay down the fundamental rights and freedom of our citizens as well as for other purposes.
Be it enacted by the Riksdag as follows:—
1 Legislation
(1) This Act may be cited as the INSTRUMENT OF GOVERNMENT ACT, 2024. —————————————————————————————————
2 Basic Principles of Sweden
(1) All public power in Sweden proceeds from the people. Swedish democracy is founded on the free formation of opinion and on universal and equal suffrage. It is realised through a representative and parliamentary form of government and through local self-government. The public power shall be exercised through the laws of this country.
(2) Any laws that are in regards to the constitutional order of this country shall be declared as a fundamental law by the Riksdag.
(3) The King or Queen who occupies the throne of Sweden in accordance with the Act of Succession is the Head of State.
(4) The Government governs the country. It is accountable to the Riksdag. (5) Sweden has local authorities at local and regional level.
(6) Courts of law exist for the administration of justice, and central and local government administrative authorities exist for public administration.
(7) Sweden shall cooperate internationally through the United Nation, Nordic Council, and other international organizations.
3 Fundamental Freedoms and Rights
(1) Everyone shall be guaranteed the following rights and freedoms in his or her relations with the public institutions:
(a) Freedom of the Press and Expression: All individuals shall be guaranteed the right to express and publish their opinions without interference from the government.
(b) Freedom of Assembly: All individuals shall be guaranteed the right to peacefully protest, organize, or attend meetings to express their opinions against the government without fear of retaliation.
(c) Freedom of Information: All individuals shall be guaranteed the right to freely procure information from public institutions or business corporations without fear of interference or retaliation.
4 The Rule of Law
(1) If a public authority other than a court of law has deprived an individual of his or her liberty on account of a criminal act or because he or she is suspected of having committed such an act, the individual shall be entitled to have the deprivation of liberty examined before a court of law without undue delay.
(2) No one may be sentenced to a penalty for an act that is not subject to a penal sanction. No one may be jailed for more than the maximum sentence as imposed by the Riksdag in law. The one may receive a penal penalty that is more severe than the one enforceable under the law.
5 Elections and the Census
(1) The elections of members of the Riksdag shall be based upon the principle of free and fair elections.
(2) The Election Authority shall conduct and hold the census at any time to determine the number of seats and constituencies within the Riksdag.
(3) The Election Authority shall be the central authority for all elections federally, regionally, and locally. It shall be governed independently from the Government of Sweden. This agency shall regulate any referendums under Section 6.
(4) The Election Authority shall consist of a Chairman and a Vice-Chairman as well as two other members who the Prime Minister shall appoint with the consent of the Riksdag. Any member may be removed by a two-thirds vote of the Riksdag.
(5) An election may be contested or “subject to appeal” by the Election Review Board if any of the following conditions are met:
(a) The election is conducted in violation of Section 3(1) of this Act.
(b) A political party has violated the laws of the Konungariket Sverige.
(c) A political party has illegally diluted the ballot or intimidated voters in violation of the principles outlined in Section 3(1) of this Act.
(6) The Election Review Board shall consist of 4 members nominated by the Election Authority.
6 Referendums
(1) Any changes to any constitutional law or fundamental laws shall be made following regular legislative procedures in the form of an amendment. A referendum shall be required.
(2) Any proposals considered by the Riksdag for the purpose of a referendum must receive 50% of the total popular vote in order to pass. With the exception of constitutional or fundamental law changes which must receive 60% of the total popular vote.
7 The Riksdag
(1) The Riksdag convenes in session every month. Sessions are held in Stockholm, unless otherwise determined by the Riksdag or the Speaker, with regard to the safety or liberty of the Riksdag.
(2) The Riksdag elects a Speaker and First, and Second Deputy Speakers from among its members for each electoral period.
(3) The Riksdag elects committees from among its members per rules laid down in the Riksdag Act. These shall include a Committee on the Constitution and a Committee on Finance.
(4) The Government and every member of the Riksdag has the right to introduce proposals on any matter coming within the jurisdiction of the Riksdag, in accordance with provisions laid down in the Riksdag Act, unless otherwise provided in the present Instrument of Government.
(5) Any matter raised by the Government or by a member of the Riksdag shall be prepared by a committee before it is settled unless otherwise provided in the present Instrument of Government.
(6) When a matter comes up for decision in the Chamber, every member of the Riksdag and every minister has the right to speak under more detailed rules laid down in the Riksdag Act.
(7) When a vote is taken in the Chamber, the opinion supported by more than half of those voting constitutes the decision of the Riksdag, unless otherwise provided in the present Instrument of Government or, in the case of matters relating to Riksdag procedure, in a main provision of the Riksdag Act. Provisions concerning the procedure to be followed in the event of a tied vote are laid down in the Riksdag Act.
(8) Each committee follows up and evaluates the decisions of the Riksdag within the committee’s subject area.
(9) Meetings of the Chamber are open to the public. A meeting may, nevertheless, be held behind closed doors under rules laid down in the Riksdag Act.
(10) Members of the Riksdag or alternates for such members may exercise their mandate as members notwithstanding any official duty or other similar obligation.
(11) Members of the Riksdag or alternates for such members may not resign their mandate without the Riksdag’s consent unless a criminal act has been investigated and a court has convicted such a member.
(12) Legal proceedings may not be initiated against a person who holds a mandate as a member of the Riksdag, or who has held such a mandate, on account of a statement or an act made in the exercise of his or her mandate, unless the Riksdag has given its consent thereto in a decision supported by at least two-thirds of those voting. Nor may such a person be deprived of his or her liberty, or restricted from traveling within the country, on account of an act or statement made in the exercise of his or her mandate, unless the Riksdag has given such consent thereto.
(13) If, in any other case, a member of the Riksdag is suspected of having committed a criminal act, the relevant legal provisions concerning apprehension, arrest, or detention are applied only if he or she admits guilt or was caught in the act, or the minimum penalty for the offense is imprisonment for 800 seconds.
(14) During such time as a member is acting as Speaker of the Riksdag or is a member of the Government, his or her mandate as a member shall be exercised by an alternate. The Riksdag may stipulate in the Riksdag Act that an alternate shall replace a member when he or she is on a leave of absence.
(15) Further provisions concerning the work of the Riksdag are laid down in the Riksdag Act.
(16) In the absence of the Speaker, a Deputy Speaker shall assume the duties of the Speaker under the present Section.
8 The Government
(1) The Government consists of the Prime Minister and other ministers. The Prime Minister is appointed in accordance with the rules laid down in the Riksdag Act and Sections 8. The Prime Minister appoints the other ministers.
(2) The ministers must be Swedish citizens. A minister may not have any other employment. Nor may he or she hold any appointment or engage in any activity which might impair public confidence in him or her.
(3) No later than the next session after it has convened, a newly-elected Riksdag shall determine through a vote whether the Prime Minister has sufficient support in the Riksdag. If more than half of the members of the Riksdag vote no, the Prime Minister shall be discharged. No vote shall be held if the Prime Minister has already been discharged.
(4) When a Prime Minister is to be appointed, the Speaker summons for consultation representatives from each party group in the Riksdag. The Speaker confers with the Deputy Speakers before presenting the proposal to the Riksdag.
(5) The Riksdag shall vote on the proposal of Section 8(4) at the next session, without prior preparation in committee. If more than half the members of the Riksdag vote against the proposal, it is rejected. In any other case, it is adopted.
(6) If the Riksdag rejects the Speaker’s proposal, the procedure laid down in Section 8(3)(4)(5) is repeated. If the Riksdag rejects the Speaker’s proposal two times, the procedure for appointing a Prime Minister is abandoned and resumed only after an election to the Riksdag has been held. If no ordinary election is due in any case to be held within three months, an extraordinary election shall be held within the same space of time.
(7) When the Riksdag has approved a proposal for a new Prime Minister, the Prime Minister shall inform the Riksdag as soon as possible of the names of the ministers. Government changes hands thereafter at a Council of State before the Head of State or, in his or her absence, before the Speaker. The Speaker shall always be summoned to attend such a Council. The Speaker issues a letter of appointment for the Prime Minister on the Riksdag’s behalf.
(8) If the Riksdag declares that the Prime Minister, or a member of his or her Government, no longer has its confidence, the Speaker shall discharge the minister concerned. However, if the Government is in a position to order an extraordinary election to the Riksdag and does so within one week from a declaration of no confidence, the minister shall not be discharged.
(9) A minister shall be discharged if he or she so requests; in such a case the Prime Minister is discharged by the Speaker and any other minister by the Prime Minister. The Prime Minister may also discharge any other minister in other circumstances. If the Prime Minister is discharged or dies, the Speaker shall discharge the other ministers.
(10) The Prime Minister may appoint one of the other ministers to deputize for him or her in case of absence. If no such deputy has been appointed, or if he or she is also unable to perform the duties of Prime Minister, these duties are assumed by the minister among those currently in office who has been a minister longest. When two or more ministers have been ministers for an equal period of time, the minister who is senior in age has precedence.
9 The Caretaker Government
(1) If all the members of the Government have been discharged, they remain at their posts until a new Government has assumed office. If a minister other than the Prime Minister has been discharged at his or her own request, he or she remains at his or her post until a successor has assumed office, should the Prime Minister so request.
10 Head of State
(1) Only a person who is a Swedish citizen may serve as Head of State. The Head of State may not at the same time be a minister, hold the office of Speaker, or serve as a member of the Riksdag.
(2) The Head of State shall be kept informed by the Prime Minister concerning the country’s affairs. The Government convenes as Council of State under the chairmanship of the Head of State when required.
(3) If the King or Queen who is Head of State is not in a position to perform his or her duties, the member of the Royal House in line under the order of succession and able to do so shall assume and perform the duties of Head of State in the capacity of Regent ad interim.
(4) Should the Royal House become extinct, the Riksdag unanimously elects a new Monarch to perform the duties of Head of State. The same applies if the King or Queen who is Head of State dies or abdicates.
(5) The order of succession shall be determined by Absolute primogeniture to which the oldest children of the Monarch shall succeed the throne.
(6) Succession rights are determined to have been lost if:
(a) A person is not a citizen of Sweden.
(b) Marries without the consent of the government.
(c) No longer affiliated with the Church of Sweden.
(d) Becomes a member of government or a concurrent member of the Riksdag. (7) The King or Queen who is Head of State cannot be prosecuted for his or her actions.
11 Financial Power
(1) The Riksdag determines taxes and charges to the central government and approves the central government budget.
(2) The Government shall submit a budget bill to the Riksdag at the start of every month.
(3) The Riksdag approves a central government budget for the following budget month or, if special reasons so warrant, for some other budget period. In this connection, the Riksdag determines estimates of central government revenue and appropriations for specific purposes.
(4) The budget period shall last from the beginning of the first day of the week at the beginning of the month up until the end of the week.
(5) The Riksdag may alter the government budget including its appropriation and spending and Riksdag shall also approve new appropriation as needed.
(6) If the central government budget is not approved by the start of the next budget period the Riksdag may approve appropriations as needed based upon the recommendation of the Committee on Finance until a new government budget is adopted.
12 International Relations
(1) Agreements with other states or with international organizations are concluded by the Government.
(2) The Government may instruct an administrative authority to conclude an international agreement in a matter in which the agreement does not require the participation of the Riksdag.
(3) The Riksdag’s approval is required before the Government concludes an international agreement which is binding upon the country:
(a) If the agreement requires the amendment or abrogation of an act of law or the enactment of a new act of law.
(b) If the agreement is of major significance or requires the joining of an International Organization.
13 The Judiciary
(1) The Supreme Court, the courts of appeal, and the district courts are courts of general jurisdiction. The Supreme Court and the Court of Appeals shall also be courts of general administrative jurisdiction. The right to have a case tried by the Supreme Court or any other court may be restricted by law.
(2) Other courts may be established in accordance with the law as passed by the Riksdag.
(3) A person may serve as a member of the Supreme Court only if he or she has previously served as a member of the Court of Appeals for a period of 1 month. Exceptions to this rule shall be made if there is an absence of members within the Court of Appeals.
(4) Provisions concerning the judicial tasks of the courts, the main features of their organization, and legal proceedings in respects other than those covered in this Instrument of Government are laid down in law.
(5) Neither the Riksdag nor a public authority may determine how a court of law shall adjudicate an individual case or otherwise apply a rule of law in a particular case. Nor may any other public authority determine how judicial responsibilities shall be distributed among individual judges.
(6) A legal dispute between individuals may not be settled by an authority other than a court of law except in accordance with law.
(7) The appointment of permanent judges shall be determined by the government on the advice of the Judges Proposals Board.
(8) An appointment of permanent judges shall be based on the merit, integrity, and competence of an individual to conduct their duties that are consistent with the law.
(9) The composition of the Judges Proposals Board shall be determined by virtue of the laws passed.
(10) No individual shall serve as a judge on the District Court without first becoming a permanent judge. No individual shall serve as an appellate judge on the Court of Appeal without first becoming a permanent judge on the District Court. Exceptions to this rule shall be made only if no viable members are present.
14 Removal of Judicial Officers
(1) A person who has been appointed as a permanent judge or to any other judicial position may be removed by the Judges Proposals Board only if:
(a) He or she has shown himself or herself through a criminal act or through gross or repeated neglect of his or her official duties to be manifestly unfit to hold the office.
(b) He or she has violated the basic principles as outlined in this Act and repeatedly disregarded the rule of law.
(c) He or she neglected to recuse themselves from a case that may conflict with their duty to “defend the impartiality of the judiciary.”
(2) A person appointed as a member of the Supreme Court may be removed for the same reason under Section 7(1)(a)(b)(c) by a committee of 4 judges consisting of members of the Court of Appeal and District Court, who shall be chaired by the Chancellor of Justice.
(3) Under Section 7(2) a removal shall only take place if the Chancellor of Justice with sufficient evidence and reason requests that a committee be appointed for the purpose of removing a member of the Supreme Court.
(4) The removal of any judicial official shall be made under unanimous consent where it is beyond a reasonable doubt that a judicial officer has committed an offense under Section 7(1)(a), (b), or (c).
15 Judicial Review
(1) If a court finds that a provision conflicts with a rule of fundamental law or other superior statute, the provision shall not be applied. The same applies if a procedure laid down in law has been disregarded in any important respect when the provision was made.
(2) Consideration shall be made in regards to the Riksdag power as the foremost representative of the people and to which constitutional or fundamental law surpasses general provisions of law.
(3) The only court with the legal jurisdiction of judicial review shall be the Supreme Court.
16 Administration
(1) The Chancellor of Justice and other central government administrative authorities come under the Government unless they are authorities under the Riksdag according to the present Instrument of Government or by virtue of other law.
(2) No public authority, including the Riksdag, or the decision-making body of any local authority, may determine how an administrative authority shall decide in a particular case relating to the exercise of public authority vis-à-vis an individual or a local authority, or relating to the application of law.
17 Parliamentary Control
(1) The Committee on the Constitution shall examine ministers’ performance of their official duties and the handling of Government business. For its examination, the Committee is entitled to have access to the records of decisions taken in Government matters and to the documents pertaining to such matters, as well as any other Government documents that the Committee deems necessary for its examination.
(2) Where warranted, but at least once a month, the Committee on the Constitution shall communicate to the Riksdag any observations it has found worthy of attention in connection with its examination. The Riksdag may make a formal statement to the Government as a consequence of this.
(3) A person who is currently, or who has been previously, a minister may be held accountable for a criminal act committed in the performance of his or her ministerial duties only if he or she has grossly neglected his or her official duty by committing the criminal act. A decision to institute criminal proceedings shall be taken by the Committee on the Constitution and the case tried before the Supreme Court.
18 War and Dangers of War
(1) If the country finds itself at war or is exposed to the danger of war, the Government or the Speaker shall convene a meeting of the Riksdag without undue delay.
(2) If the country is at war or exposed to the danger of war, a War Delegation appointed from among the members of the Riksdag shall replace the Riksdag only in extraordinary circumstances where the Riksdag has explicitly declared such delegation of power.
(3) The War Delegation under Section 12(2) shall assume all legislative responsibilities and duties. Procedures shall be determined on its own.
(4) If the country is at war, and if, as a consequence of this, the Government is unable to carry out its duties, the Riksdag may decide on the formation of a Government and determine its working procedures.
(5) If the country is at war, and if, as a consequence of this, neither the Riksdag nor the War Delegation is able to carry out its duties, the Government shall assume its powers to the extent necessary to protect the country and bring hostilities to a close.
(6) If the country is at war, an Election of the Riksdag can be delayed by the Riksdag for no more than 2 months and an election shall be held after the 2-month period.
(7) The Government may deploy Sweden’s armed forces in accordance with international law to meet an armed attack against the country or to prevent a violation of its territory.
(8) The Government may not declare war without the consent of the Riksdag except in the case of an armed attack on the country.
(9) The Government shall enter into an agreement with the hostile nation only with the explicit consent of the Riksdag if a war is declared.
19 Armed Force Deployment
(1) The Government may send Swedish armed forces to other countries or otherwise deploy such forces in order to fulfill an international obligation approved by the Riksdag.
20 Acts of Law and Other Provisions
(1) Provisions are adopted by the Riksdag by means of an act of law and by the Government by means of an ordinance. The Riksdag or the Government may also authorise other authorities besides the Government and local authorities to adopt provisions. Authorisation to adopt provisions shall always be laid down in an act of law or an ordinance.
(2) The Riksdag may authorise the Government to adopt provisions. The provisions may not, however, relate to:
(a) legal effects of criminal acts other than the imposition of fines.
(3) The Riksdag may prescribe legal effects other than fines for contraventions of provisions laid down by the Government in an act of law granting authority under Section 19(1).
(4) Provisions adopted by the Government by virtue of authorisation under the present Instrument Of Government shall be submitted to the Riksdag for examination, should the Riksdag so decide.
(5) The powers conferred on the Government to adopt provisions in a particular matter do not preclude the Riksdag from adopting provisions in the same matter in an act of law.
(6) Where, under the present Section, the Riksdag authorises the Government to adopt provisions in a particular matter, the Riksdag may also authorise the Government to delegate the power to adopt provisions in the matter to an administrative authority or a local authority.
(7) Constitutional or Fundamental law is enacted by means of two decisions. With the first decision, the proposal for the enactment of fundamental law is adopted by a majority as being held in a temporary state of suspension. The second decision shall come after the enactment of the first decision through a public referendum that must be held immediately under Section 6.
(8) No law may be amended or abrogated other than by an act of law.
(9) An act of law which has been adopted shall be promulgated by the Government as soon as possible. Acts of law shall be published as soon as possible. The same applies to ordinances, unless otherwise laid down in law.
21 Provisions Not Included
(1) Provisions not included under the Instrument of Government shall be further established by virtue of law unless already previously established.