Konstitutionellt rättighetsskydd. Svensk rätt i ett komparativt perspektiv

Sammanfattning: Constitutional Protection of Human Rights means something else than international protection, first and foremost since it is exercised at a national level. This protection may be excercised by courts or by special mechanisms of protection within the legislative process. However, if this protection of the basic rights of the individuals is to be a strong one, it is likely to limit the freedom of action of the democratically elected legislator. This comparative study, dealing with the Nordic countries, USA, UK, Germany and France as well as European Community law, has two purposes: - To try to find the proper balance in modern democracy between a protection of the rights of individuals and majority rules, which is still a basic characteristic of democracy. - To use examples from other legal systems in order to find a theoretical base for a wider use of judicial review in Swedish law.