Constitution Matters - A Comparative Analysis of Two Legal Systems

This thesis will be examining two totally different legal systems: Sweden and New Zealand, two jurisdictions which encompass diverse historical, political and constitutional backgrounds. Sweden, to begin with, retains centuries of old constitutional traditions, where a written and entrenched constitution is seen as fundamental. New Zealand, on the other hand, is almost unique in the world in not having a written and entrenched document known as ''The Constitution''. The choice of topic might prima facie seem to lack logic. Why compare these two particular jurisdictions? However, the reason is more evident than at first glance. The author has during 1998 been studying the common law system in New Zealand on a reciprocal scholarship, and consequently, a comparison with this jurisdiction is reasonable. But on the other hand, the choice is indeed fruitful, considering the fact that Sweden is characterized as a nation typical for its Constitution, along the lines of countries like France, Germany and the United States. Thus Sweden serves as a distinct contrast to the uncodified approach applied in New Zealand. In addition, the two countries are similar in many ways. They are both small countries and are in the peripheral on the constitutional scale. Furthermore, constitutional law is of specific interest to the author, since he has been involved in lecturing on this area at the Faculty of Law, Lund University, Sweden, for several semesters while continuing his studies. Although there is much written about matters involving the New Zealand Constitution, there is a very limited amount of literature concerning the legal aspect, since most publications relate to political and historical point of views. In this thesis the objective involves a more detailed comparative analysis of New Zealand's constitutional regulations with a European civil law system. No explicit direct catalogue on whether or not New Zealand should adopt an entrenched constitution can be found in contempor