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196

(1914) [MARC] Author: Joseph Guinchard
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■2-20

III. CONSTITUTION AND ADMINISTRATION.

The Constitution Act of 1809 was designed to protect the prerogatives
of the King, but at the same time to prevent their abuse. The King
"has the right to govern the kingdom alone", but he must take his
decisions in the Cabinet (Statsrådet) after having heard the advice of
responsible ministers, the adviser’s counsel being entered on the minutes.
The Ministers, who are now eleven in number, must be
natural-born Swedes and adherents of the Lutheran Confession: they are
appointed and dismissed by the King, but are responsible to the Riksdag. Since
1876, one of the members of the Cabinet has been appointed Prime
Minister (Statsminister) and chief member of the Cabinet. Eight of
the Ministers are heads of departments and introduce matters
belonging to their respective departments to the King-in-Cabinet.1 The King
presides in Cabinet in his own person and comes to a decision after the
matter has been set forth by the head of the department charged with
it. The ministers, as a rule, are not permitted to come to a
decision by themselves; and even quite insignificant matters are brought
under the King’s immediate notice. The King signs the resolutions, but
these have no legal force unless they are countersigned by the minister
who brought them forward; and it is his duty and right to refuse thus
to countersign the King’s resolutions if they are at variance with the
Constitution Act.

The King appoints the majority of the public officials, higher and
lower, with the exception of the lowest grades. But all judges and most
of the officials are undismissible except after a judicial enquiry and
sentence against them. The ministers, the heads of institutions, civil
and military, diplomatists, together with a number of other official®
specially mentioned, are the only ones whom the King can dismiss should
lie find such a course desirable for the welfare of the Kingdom. Of this
right, however, the Government makes very sparing use — often not once
in many decades.

The King of Sweden, according to a theory that dates far back into the
past, is the supreme judge; but his functions as such are conferred upon
the High Court of Justice (Högsta domstolen). Since 1909, there has
also been in existence another high court, the Supreme Administrative Court
(Regeringsrätten), which settles appeals that may be pursued before the
King in the State departments. Besides these, there has also been set up
a Law Council (three members of the High Court and one of the
Administrative Court) to report upon proposals for the initiation, repeal,
amendment or explanation of laws and ordinances. The King-in-Cabinet exercises
the right of pardon. The King’s highest legal adviser and prosecutor is
called Attorney-General (Justitiekansler).

The right of bestowing the dignities of nobility (countships, baronies and
simple nobility) is one of the prerogatives of the King. This right, how-

1 The eighth department (that of Agriculture) was established in 1900. Up to that year
(since 1840) the members of the Cabinet were ten in number.

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