Rätt, norm och tillämpning. En studie av normativa mönster vid beslut enligt LSS på tre arenor

Sammanfattning: The focus of this study is on the application of the Swedish Act concerning Support and Service for Persons with Certain Functional Impairments (LSS), and the gap between law in books and law in action. The methodology of the thesis involves empirical studies founded in social science theory. The study involves three arenas of public authorities with parallel norm creating processes, represented by Swedish municipalities, the Swedish Social Insurance Agency and regional Administrative Courts. The LSS allows for an interpretation with regard to individual circumstances in individual cases and the authorities have a high degree of discretion (margin of appreciation) in their decision-making process. My point of departure is that this discretion is fundamental and necessary to achieve the legislative intent in each individual case. The empirical studies show that institutional norms and local guidelines frequently are used by the authorities, often in conflict with legal methods and norms, thereby affecting the margin of appreciation in the decision-making process. A conclusion is that there is a gap between the political objective of LSS and the application of the legislation. The different arenas use different methods and have different institutional norms that affect the application of LSS in each arena.