The Use of Experts in the Legislative Process - Using Swedish Law Reform in the Area of Domestic Violence as an Investigatory Example
2009 (English)In: Legisprudence. International Journal for the Study of Legislation, ISSN 1752-1467, Vol. 3, no 3, 323-349 p.Article in journal (Refereed) Published
One could argue that regulating aspects of daily life nowadays demands a lot more specialized knowledge than ever before. Technological developments obviate the need for expertise in formulating proposals for laws. When the need for new legislation is identified, the standard procedure in the Swedish legal culture is for the Government to appoint a committee of inquiry to investigate the issue and propose legal reforms. Over time there has been criticism of the quality of the work of such committees. One subject of discussion is their use of research, or rather the lack thereof, and the resulting gap between the production of knowledge and its use in committee work and in public decision making. Consequently, the use of experts and expert knowledge in the legislative process is not an unproblematic issue. The aim of this article is to discuss the role of experts in the Swedish legislative process, focusing on the legitimizing function they can have as part of government committees. The example used is the committee whose inquiry led to a law reform in 1998 which focused on domestic violence; “Gross Violation of a Woman’s Integrity”.
Place, publisher, year, edition, pages
Oxford: Hart Publishing , 2009. Vol. 3, no 3, 323-349 p.
Experts, legislative process, inquiry committee, domestic violence
Research subject Law
IdentifiersURN: urn:nbn:se:umu:diva-31164OAI: oai:DiVA.org:umu-31164DiVA: diva2:291362