LL.Lic., Doctoral Candidate
My field of research is legal history, especially as regards different aspects of judging.
1. Judicial review and interpretation of statutes in conformity with the constitution; the Nordic Countries 1800-
In my thesis for the degree of LL.Lic. (2009), I analyzed how the judges in Finland, Sweden, Norway and Denmark, during the period after the new constitutions of 1809, 1814 and 1849 had been established, dealt with conflicts between statutes and constitution. Was the constitution above the laws and did it limit the possibilities for the legislator to legislate, or were the judges as bound of the laws as of the constitution? The investigation made clear that, for completely different historical reasons, the constitutions in Norway and Finland were understood as limits for the legislator. This was not so obvious in Denmark and even less in Sweden, where the rights according to the constitution were not understood as relevant for the judges in their decision-making. During the early 20th century there was a turn, which meant that the judges in Finland and Norway more reluctantly reviewed the constitutionality of legislation, while the judges in Denmark and Sweden declared that they could try the constitutionality of statutes or ordinances, a right that they, however, did not make much use of.
In the continuation of this study, which I am now working with towards the degree of LL.D., I analyze how these historical facts still influence judging to the effect that the judges in Sweden, Norway and Denmark have different attitudes toward the importance and relevance of civil rights and liberties according to the constitutions or to the European Convention of Human Rights.
2. Symbols and rituals of law
Another research area, which lies beside my main topic of judicial review, is the symbols and rituals of law. In one article, I have studied the artistic and architectural features of two court buildings. In two articles, I have studied the origins of the Swedish oath of judges and tried to find its context in mediaeval European legal culture. I plan to continue the study on the judicial oaths in Europe.
3. Civil procedure
I teach some aspects of civil procedural law on the basic undergraduate level, and I have taken part in an international comparative project on the allocation of costs in civil procedure. This has resulted in a presentation of Swedish law in this area and one comparative chapter in an anthology to be published 2011.
read more
1. Judicial review and interpretation of statutes in conformity with the constitution; the Nordic Countries 1800-
In my thesis for the degree of LL.Lic. (2009), I analyzed how the judges in Finland, Sweden, Norway and Denmark, during the period after the new constitutions of 1809, 1814 and 1849 had been established, dealt with conflicts between statutes and constitution. Was the constitution above the laws and did it limit the possibilities for the legislator to legislate, or were the judges as bound of the laws as of the constitution? The investigation made clear that, for completely different historical reasons, the constitutions in Norway and Finland were understood as limits for the legislator. This was not so obvious in Denmark and even less in Sweden, where the rights according to the constitution were not understood as relevant for the judges in their decision-making. During the early 20th century there was a turn, which meant that the judges in Finland and Norway more reluctantly reviewed the constitutionality of legislation, while the judges in Denmark and Sweden declared that they could try the constitutionality of statutes or ordinances, a right that they, however, did not make much use of.
In the continuation of this study, which I am now working with towards the degree of LL.D., I analyze how these historical facts still influence judging to the effect that the judges in Sweden, Norway and Denmark have different attitudes toward the importance and relevance of civil rights and liberties according to the constitutions or to the European Convention of Human Rights.
2. Symbols and rituals of law
Another research area, which lies beside my main topic of judicial review, is the symbols and rituals of law. In one article, I have studied the artistic and architectural features of two court buildings. In two articles, I have studied the origins of the Swedish oath of judges and tried to find its context in mediaeval European legal culture. I plan to continue the study on the judicial oaths in Europe.
3. Civil procedure
I teach some aspects of civil procedural law on the basic undergraduate level, and I have taken part in an international comparative project on the allocation of costs in civil procedure. This has resulted in a presentation of Swedish law in this area and one comparative chapter in an anthology to be published 2011.
×
About Martin Sunnqvist
My field of research is legal history, especially as regards different aspects of judging.
1. Judicial review and interpretation of statutes in conformity with the constitution; the Nordic Countries 1800-
In my thesis for the degree of LL.Lic. (2009), I analyzed how the judges in Finland, Sweden, Norway and Denmark, during the period after the new constitutions of 1809, 1814 and 1849 had been established, dealt with conflicts between statutes and constitution. Was the constitution above the laws and did it limit the possibilities for the legislator to legislate, or were the judges as bound of the laws as of the constitution? The investigation made clear that, for completely different historical reasons, the constitutions in Norway and Finland were understood as limits for the legislator. This was not so obvious in Denmark and even less in Sweden, where the rights according to the constitution were not understood as relevant for the judges in their decision-making. During the early 20th century there was a turn, which meant that the judges in Finland and Norway more reluctantly reviewed the constitutionality of legislation, while the judges in Denmark and Sweden declared that they could try the constitutionality of statutes or ordinances, a right that they, however, did not make much use of.
In the continuation of this study, which I am now working with towards the degree of LL.D., I analyze how these historical facts still influence judging to the effect that the judges in Sweden, Norway and Denmark have different attitudes toward the importance and relevance of civil rights and liberties according to the constitutions or to the European Convention of Human Rights.
2. Symbols and rituals of law
Another research area, which lies beside my main topic of judicial review, is the symbols and rituals of law. In one article, I have studied the artistic and architectural features of two court buildings. In two articles, I have studied the origins of the Swedish oath of judges and tried to find its context in mediaeval European legal culture. I plan to continue the study on the judicial oaths in Europe.
3. Civil procedure
I teach some aspects of civil procedural law on the basic undergraduate level, and I have taken part in an international comparative project on the allocation of costs in civil procedure. This has resulted in a presentation of Swedish law in this area and one comparative chapter in an anthology to be published 2011.
1. Judicial review and interpretation of statutes in conformity with the constitution; the Nordic Countries 1800-
In my thesis for the degree of LL.Lic. (2009), I analyzed how the judges in Finland, Sweden, Norway and Denmark, during the period after the new constitutions of 1809, 1814 and 1849 had been established, dealt with conflicts between statutes and constitution. Was the constitution above the laws and did it limit the possibilities for the legislator to legislate, or were the judges as bound of the laws as of the constitution? The investigation made clear that, for completely different historical reasons, the constitutions in Norway and Finland were understood as limits for the legislator. This was not so obvious in Denmark and even less in Sweden, where the rights according to the constitution were not understood as relevant for the judges in their decision-making. During the early 20th century there was a turn, which meant that the judges in Finland and Norway more reluctantly reviewed the constitutionality of legislation, while the judges in Denmark and Sweden declared that they could try the constitutionality of statutes or ordinances, a right that they, however, did not make much use of.
In the continuation of this study, which I am now working with towards the degree of LL.D., I analyze how these historical facts still influence judging to the effect that the judges in Sweden, Norway and Denmark have different attitudes toward the importance and relevance of civil rights and liberties according to the constitutions or to the European Convention of Human Rights.
2. Symbols and rituals of law
Another research area, which lies beside my main topic of judicial review, is the symbols and rituals of law. In one article, I have studied the artistic and architectural features of two court buildings. In two articles, I have studied the origins of the Swedish oath of judges and tried to find its context in mediaeval European legal culture. I plan to continue the study on the judicial oaths in Europe.
3. Civil procedure
I teach some aspects of civil procedural law on the basic undergraduate level, and I have taken part in an international comparative project on the allocation of costs in civil procedure. This has resulted in a presentation of Swedish law in this area and one comparative chapter in an anthology to be published 2011.
| Present | Associate Judge (Hovrättsassessor), Scania and Blekine Court of Appeal | |
|
|
||
| Present | LL.Lic., Doctoral Candidate, Lund University Faculty of Law | |
|
|
||