You can visit a mall but you should not.
That is the message from Stefan Löfven.
Why does Sweden not introduce a shutdown like many other countries do?
The answer lies in our form of government, one of the four constitutions, which gives us the right to our freedom.
- There is a chapter in the constitution about war and what we should do then, but Sweden lacks rules for crises.
Most countries have some form of mechanism for crises in peacetime, but not Sweden, says Olof Wilske, senior lecturer in constitutional law at Uppsala University.
The constitution can be rounded off
The rights in the form of government are the reason why a total closure of Sweden cannot take place in the blink of an eye.
But it is possible if the Riksdag enacts a law that allows it.
A law, is it that easy to round a constitution?
- It's not really that simple.
The constitution prescribes certain steps.
A so-called proportionality assessment must be made.
So is this restriction in proportion to what you want to achieve?
In this case, infection control.
The Law Council, the opposition and various consultative bodies will also comment, says Olof Wilske.
Who decides if it is in proportion?
- The Riksdag ultimately does that.
But an activity that is affected by the law, for example a restaurant, can request to take the matter to court and if the law does not comply with the constitution, the court can choose not to apply the law.
So there is a protection mechanism there too.
Why not just change the constitution?
- It is a much longer and more complicated process, which is the whole point of a constitution.
Two parliamentary decisions are required with a choice between them.
Then it is not just a matter of changing our own constitution, but we also have the European Convention, and we will not get rid of it as easily.
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Advice, recommendations and restrictions - How should they be interpreted?
The so-called "pandemic law"
The government is preparing a law that will enter into force next summer and which will give the government increased powers during the pandemic.
Is there such a law that should round the constitution?
- We know very little about that law.
But it seems that the government wants to create a law where it is possible to prepare for closures.
It will be a type of power of attorney from the Riksdag to be able to activate the law in the event of, for example, a pandemic or natural disaster, says Olof Wilske.
Now you use the law of order instead. Why?
- That you do it, I think, is that the law of order already exists and that it is possible to work with how we gather in crowds.
There is an authorization from the Riksdag to the government which means that they can temporarily reduce the number who may gather.