professorspolitik och samhällsförändring The historical argument also played a central role in Sundberg’s case, for example when discussing why there were fundamental differences between the laws in the Nordic countries. His explanationwas that DanishNorwegian law comprised a continuation of an absolutistic form of government with indifferent practice concerning the requirement for legal security. On the other hand, Swedish-Finnish law was based on an ancient form of government where the participation of citizens in and control of the state management had always been vital, determined by a requirement for legal security and therefore an intrinsic feature of its structure in quite adifferent way than theDanish-Norwegian equivalents. Reuterskiöld, Herlitz and Sundberg thus had a lot in common besides political activities. All three believed in the importance of ‘the Swedish legal heritage’, including twists and turns that echoed idealist vestiges. However, despite all three being designated right-wing, their historical arguments led them to different legal and political conclusions. A dividing line applied in respect of legal remedies. Reuterskiöld and Sundberg claimed that it must be possible for general courts to retroactively consider both public administrative decisions with legal effects for individuals and also the conformity of laws with the Constitution, and both were then inclined to refer to Section 16 of the 1809 Instrument of Government. Sundberg emphasised that the traditional uniformity between judicial and administrative administration during the 19th century had ceased in many respects. His assessment of the flow of cases from the administration to the courts was in contrast to Herlitz, who considered that the Swedish kind of ‘administrative judicature’ had not changed in any decisive way in the 19th century despite certain administrative law issues being made subject to the adjudication of the general courts. Herlitz was instead of the opinion for a long time that legal protection as a rule could be satisfied preventively through good procedures and remedially through appeals, an institution he described as the ‘central point’ of Swedish legal protection. He wrote that the Swedish institute of administrative appeal fulfilled the same function as control by administrative courts in France and Germany. The Supreme Administrative Court, the Administrative Court of Appeal and the Insurance Appeals 284
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