The constitutional foundations of private international law in Sweden

In a legal system based on democracy and the rule of law, an important fundament for the different branches of law is found in constitutional law. Constitutional rules and principles provide democratic legitimacy of legislation and other forms of exercise of public power. Furthermore, such rules and principles limit the exercise of public power, notably through rules on fundamental rights and on transfer of authority to foreign states and international organisations. All these aspects may be relevant in relation to rules of private international law. However, constitutional aspects of private international law have gained little attention in Sweden. The article aims at identifying and discussing some important parts of the constitutional foundations for private international law in Sweden in the light of the rules and principles mentioned. It is concluded that both constitutional law and private international law may benefit from an increased awareness of the possibilities offered by cross-cutting perspectives. Especially, a constitutional perspective on private international law may clarify its place within the Swedish legal system, and thus possibly contribute to the general understanding of this field of law.