Page:The Constitution of Sweden (2016).pdf/11

THE DEVELOPMENT OF CONSTITUTIONAL LAW IN SWEDEN the decisions taken. It might be added that the rules of the game are more indispensable than ever in times of tension and conflict.

But the Constitution must not be merely a catalogue of formalities. It must not restrict itself to merely listing decision-making bodies and procedures. It must also give serious consideration to the content of the decisions taken.

It is usual for a constitution to contain general statements of principle, often in an introduction or preamble, which are declared to form the basis of the Constitution. Such statements are found in the opening article of the Instrument of Government, which states that all public power in Sweden proceeds from the people, and that Swedish democracy is founded on the free formation of opinion and on universal and equal suffrage. This introduces an ideological element, and similar confessions of political faith are probably to be found in every constitution.

There are also clauses in the Constitution which establish general policy goals. For example, the introductory chapter of the Instrument of Government (IG 1:2) states that the personal, economic and cultural welfare of the individual is a funda-mental goal of public activity. These are not however rules of law in the sense that they can be enforced in a court of law.

Providing protection for citizens in relation to the State is an important constitutional function. The idea that humanity has certain natural fundamental rights and freedoms, which people in positions of power should not abuse, has been kept alive ever since antiquity. Declarations of rights and freedoms or corresponding sets of rules have become a common feature of constitutions. Chapter 2 of the Instrument of Government is designed to safeguard citizens’ fundamental rights and freedoms.

Another important function of a constitution is to inform. It is particularly important for a constitution to be written in language that can generally be understood by all citizens with an interest in public affairs. One of the explicit purposes of the 2010 revision of the Swedish Instrument of Government was to make it clearer and easier to grasp. The Constitution also has a symbolic function. This is particularly noticeable in countries like the United States and Norway, whose constitutions were drawn up in tense and dramatic circumstances. The US Constitution is the oldest constitution in the world currently in force and that of Norway is the next oldest.

To sum up, the Constitution is the very foundation on which rest all decisions in the public sphere. All decision-makers base their legitimacy on the Constitution. But the Constitution also has other important functions, in particular that of safeguarding the fundamental rights and freedoms of the citizens.

Rimbert, Archbishop of Hamburg and Bremen in the latter part of the 800s, wrote a biography of Ansgar his predecessor, who was known as the apostle of the North. In it he writes that when Ansgar was on his mission to convert the people living around Lake Mälaren, their King told him: ‘It 10