Swedish Constitution of 1772
The Swedish Constitution of 1772 ( Swedish 1772 års regeringsform ) was (with its amendments) from 1772 to 1809 the fundamental constitutional document in Sweden . It was also in force in Finland from 1772 to 1919 . The constitution of 1772 shaped the phase of "enlightened despotism" in Sweden.
prehistory
In 1771 Gustav III ascended after the death of his father Adolf Friedrich on February 12, 1771 the throne as Swedish king. His political goal was to strengthen the monarch's power and make Sweden more national and absolutist . Gustav III envisioned a Sweden like before 1680, when the country was a major power in the Baltic Sea region.
In the first months of his reign, Gustav III. of the nobility believe that he wanted to maintain and even strengthen the extensive political prerogatives of the nobility . On March 5, 1772, he signed the "Insurance Act", which further restricted royal power. However, after his coronation on May 29, 1772, with the help of the military and the people, he soon attacked the nobility. On August 19, 1772, with the help of the officers and the support of the bourgeoisie, he carried out a coup in Stockholm and seized sole power.
Constitution
A few days later, Gustav III. a new constitution . It was accepted by the four estates of Sweden ( knighthood , clergy , citizens and peasants ) and by the imperial council on August 21, 1772. With it the coming enlightened absolutism in Sweden was poured into a constitutional form.
The constitution of 1772 ended the so-called freedom time (frihetstid) in Sweden, for which a class parliamentarism had been formative from 1719 and had given the nobility extensive privileges. With the new, authoritarian constitution of 1772, the king secured a considerably greater influence on the fate of the country. The losers were the Reichsrat (Riksrådet) as the executive body and the Reichstag as the parliamentary representative of the estates. The administration, the state economy and the courts were completely subordinated to the executive branch. Gustav III saw the abuse of the bureaucracy by the interests of the nobility during the period of freedom. as one of the basic evils of the Swedish state. The main focus of the legislation, however, remained with the Reichstag.
Main provisions
The main provisions of the 57 articles in the Swedish Constitution of 1772 were:
- The religion of the Swedish kings, officials and subjects is the Evangelical Lutheran faith (§ 1).
- The right to life, honor and property of the citizens is guaranteed (§ 2).
- The rules of succession to the throne are confirmed in accordance with the legal principles of 1743, 1604 and 1544 (§ 3).
- The number of members in the Reichsrat is set at 17. According to the resolutions of the Reichstag of 1604, the imperial council only has the function of advising the king. The extensive executive powers are taken from him (§ 4).
- The king is head of state and is only restricted by the constitution and state laws (Section 5).
- In an emergency, it has the right to declare war, make peace or enter into alliances, unless the Reichsrat unanimously passes a different resolution in individual cases (Section 6). The regular right to declare war, however, requires the approval of the estates (Section 48).
- The duties of the members of the Imperial Council are determined by the king. If there is a dissent between the king and the imperial council, the king decides (votum decisivum) (§ 8).
- The king alone has the right to grace (§ 9).
- The King appoints the senior civil servants after consulting the Imperial Council. In the case of lower civil servants and bishops , he chooses from a list of three people who are proposed by the responsible bodies. No foreigner will be admitted to the state service in Sweden (§ 10).
- Only the king can raise people to knighthood or nobility (§ 11).
- The court court (hofrätt) is confirmed as the highest judicial organ under the supervision of the king. The powers are extended (§ 15).
- All extraordinary courts are abolished (Section 16).
- All Swedish armed forces must take an oath of allegiance to the king (§ 18). The king has the ultimate authority over the armed forces (§ 19).
- The King has the right to appoint the employees of the State Chancellery (rikskansliet) , including the Swedish ambassadors at foreign courts. The basic structure of the civil service apparatus is determined by the constitution (§§ 20–32). Princes and princes require the consent of the king in order to marry (§ 36).
- In the event of illness or a long stay abroad, a member of the Imperial Council appointed by the King shall act on a provisional basis (Section 37).
- The estates may only meet at the invitation of the king (§ 38). In no case may their meeting last longer than three months (Section 46). You are obliged to be loyal to the king (§ 39).
- The king requires the approval of the estates for changes to the law (Section 40). These cannot, however, pass a new law without the consent of the king (§ 41). Tax sovereignty remains with the estates (Section 45).
- The German provinces of Sweden are subject to the king alone (§ 53).
Unification and Security Letter from 1789
The king's power was increased again in 1789. With the unification and security letter (förenings- och säkerhetsakten) Gustav III. practically an absolutist position. As a result, the Reichsrat was completely abolished. The right to legislate was taken away from the Reichstag. However, he retained his influence on tax issues. The Supreme Court (Högsta Domstolen) , whose powers had previously been exercised by the Imperial Council, was re-established on May 19, 1789 . In this way, the judiciary was separated from the executive in the interests of the separation of powers .
Constitution in practice
Gustav III showed himself in his government practice as an enlightened monarch. In 1772 he abolished torture . In 1774, the freedom of the press in Sweden was guaranteed again by royal decree (with restrictions), but not with constitutional status. The health system as well as the army and navy were modernized, the penal laws softened and in 1777 a largely successful currency reform (myntrealization) was carried out. Culture and science flourished sustainably in Sweden. Gustav III it all came down to a good relationship between the monarch and the people. The relationship with the powerful of the empire remained disrupted. Gustav III also met. Measures unpopular among the population, such as the monopoly of the production of spirits and an adventurous foreign and war policy.
The Swedish nobility were particularly dissatisfied with the constitutional amendment of 1789, which had been passed without their consent. This exacerbated the tensions between King Gustav III. and the nobility. The king himself was finally murdered in March 1792 in the Royal Stockholm Opera (then Kungliga stora teatern ) as a result of a noble conspiracy. Under his weak successor Gustav IV Adolf and in the wake of the internal disunity in Sweden during the Napoleonic Wars , the political system of the constitution of 1772/1789, which was tailored to the king, became increasingly disavowed. It was therefore also a reason for the collapse of the political order in 1809.
End of the Constitution
After the war against Russia , which was catastrophic for Sweden , the time had come for the Swedish nobility in 1809 to restrict the king's power again. King Gustav IV. Adolf was abdicated in favor of his childless uncle Karl XIII. forced, who remained a puppet of the Reichstag. The constitution of 1772 was replaced by the new constitution (regeringsform) of June 6, 1809 , which again clearly separated the executive and legislative branches. It remained in force in Sweden with changes until 1974.
Finland
In 1809 Finland was separated from Sweden as a result of Sweden's defeat in the Russo-Swedish War (1808/09). The government in Stockholm had to Finland under the provisions of the Treaty of Fredrikshamn in Russia cede. In the Grand Duchy of Finland , however, the essential provisions of the Swedish constitution of 1772/1789 remained in force. The constitutional status of the Swedish king passed to the Russian tsar. The provisions were not completely repealed de jure in Finland until July 17, 1919 and replaced by a modern Finnish constitution .
