social law, contemporary legal history, and the history of public law This also relates to the historical position of the courts as a functionwithin the sphere of Royal Majesty. Sixth, the government represents Sweden externally in relation to foreign states and international organizations when entering into agreements. There is nomention in the Instrument of Government of the king or queen regnant having this capacity. Yet public international law is based on the rule that a head of state can enter into international agreements on behalf of their country. Interestingly, the Treaty of Accession 1994 by which Sweden joined theEU, and certain later amendments, was signed by a representative of the government on behalf of the king. From a Swedish constitutional viewpoint, this was in conflict with the rules of the Instrument of Government, which set out that entering into international treaties is a matter for the government.30 In the pragmatic Swedish tradition, no one has challenged this in the courts as far as I know – although the practice was later changed, presumably to come into line with the constitutional framework.31 Seventh, even certain aspects of the ceremonial role of the king or queen regnant are carried out in the shadow of the old Royal Majesty. The king or queen regnant is considered the foremost representative of the Swedish armed forces, and holds the highest ranks in each branch, appearing in a general’s or an admiral’s uniform as required.32 The travaux préparatoires of the 1974 Instrument of Government stated that the king must hold the highest military ranks in order to fulfil his role as a symbol for the armed forces.33 This all makes sense given the role of the king as commander-in-chief under Article 14 of the 1809 Instrument of Government. in Anna-Sara Lind, Jane Reichel & Inger Österdahl (eds.), Transparency in the Future: Swedish Openness 250 Years (Visby: Ragulka Press, 2017). 30 Nicklas Vabi, ‘Statschefens offentligrättsliga status’, Förvaltningsrättslig Tidskrift 127 (2003), 154 ff. 31 See also the written question in the Riksdag 2004/05:1438. 32 Håkan Strömberg, ‘Hur fungerar den svenska monarkin?’, Juridisk Tidskrift vid Stockholms Universitet 1 (2001–2002), 723. 33 Prop. 1973:90, 174 n. 24. 175
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