konstitutionellt kritiskt dömande, volym ii 1074 1 This abbreviation here includes the additional protocols to the convention. ver the pasttwo decades, Nordic courts have increasingly taken a critical attitude to the compatibility of statutes with both the respective national constitutions, and the European Convention on Human Rights (ECHR1). The Danish Supreme Court (Højesteret) decided at the end of the 1990s three such cases: first, a case in which the court declared that it had the authority to oversee that the EUdid not exceed the powers the union had obtained through the Danish accession, second, a case in which the court found that a statute had the effects of a judgment and thus violated the principle of separation of powers in §3 of the Danish Constitution, and third, a case in which the compatibility of a statute with the constitutionally protected freedom of assembly was tried. The Norwegian Supreme Court (Høyesterett), which already had a well established power to try the constitutionality of statutes, concluded in 2000 that Norwegian courts should keep pace with developments in the case-law of the European Court of Human Rights (ECtHR) and engage in interaction with it. In 2005, the Swedish Supreme Court (Högsta domstolen) held that national regulations should be interpreted narrowly, so that they were consistent with the Constitution, and that statutes should be interpreted narrowly, so that they were in conformity with the way theECtHRcould be expected to settle the matter. More recently, the supreme courts have affirmed their critical attitude towards the compatibility of statutes with the constitutions or the ECHR. In 2013, the Swedish Supreme Court and Supreme Administrative Court (Högsta förvaltningsdomstolen) have overruled earlier case-law and set aside legislation as contrary to the prohibition of double proceedings (ne bis in idem) in theECHRand theEUCharter of Human Rights. The courts combined this prohibition with further procedural guarantees in Swedish law Constitutional Critical Judging O Aim of the dissertation The Change in the Attitudes of Nordic Judges During two Centuries
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