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{{short description|Swedish constitution}}
[[File:Gustav III Sweden.jpg|thumb|[[Gustav III of Sweden]]]]
[[File:Gustav III Sweden.jpg|thumb|[[Gustav III of Sweden]]]]
Sweden's '''Constitution of 1772''' ({{lang-sv|regeringsform}}, "Instrument of Government") took effect through a bloodless [[coup d'état]], the [[Revolution of 1772]], carried out by King [[Gustav III]], who had become king in 1771, establishing a brief [[absolute monarchy in Sweden]]. This was a response to perceived harm wrought upon Sweden by a half-century of [[parliamentarism]] during the country's [[Age of Liberty]]<ref name=NF/> practiced according to the [[Instrument of Government (1719)]], as members of the Swedish parliament then used to be bribed by foreign embassies.


The '''1772 Instrument of Government''' ({{lang-sv|regeringsform}}) was the [[constitution]] of the [[Kingdom of Sweden]] from 1772 to 1809. It was promulgated in the wake of the [[Revolution of 1772]], a [[self-coup]] mounted by [[Gustav III of Sweden|King Gustav III]], and replaced the [[Instrument of Government (1720)|1720 Instrument of Government]], which had been in force for most of the [[Age of Liberty]] (1719-72). Although in theory the 1772 Instrument merely readjusted the balance of power between [[the Crown]] and the [[Riksdag of the Estates]] (Swedish Parliament), without changing Sweden's status as a [[constitutional monarchy]], in practice it is generally seen as instituting an [[absolute monarchy]], especially after its modification in 1789 by the [[Union and Security Act]], which further strengthened royal power at the expense of the Riksdag. It remained in force throughout the [[Gustavian era]], until replaced by the [[Instrument of Government (1809)|1809 Instrument of Government]] as a result of the [[Coup of 1809]].<ref>[https://runeberg.org/nfcb/0624.html Regeringsformen], ''[[Nordisk Familjebok]]'' (1915)</ref>
==History and effects==
The 1772 Constitution was partly inspired by the current [[Age of Enlightenment|Enlightenment]] ideas of [[separation of powers]] by [[Montesquieu]],<ref name=B/><ref name=Borg412>Borg, Ivan & Nordell, Erik (1967), ''Historia för gymnasiet. Årskurs 1.'', 4th ed., AV Carlsons, Stockholm 1968 ([[LIBRIS]] onr:1533765), pages 412-413. {{sv icon}}</ref> but also based on earlier traditions in Sweden, especially from the era of King [[Gustav II Adolf]],<ref name=B>Bäcklin, Martin (ed.), ''Historia för gymnasiet: allmän och nordisk historia efter år 1000'', 3rd ed., Almqvist & Wiksell, Stockholm, 1965 ([[LIBRIS]] onr:1610850), pages 283-284. {{sv icon}}</ref><ref name=Borg412/> and two of the offices of the ancient [[Great Officers of the Realm]] were revived. King Gustav III also cherished other Enlightenment ideas (as an [[Enlightened absolutism|enlighted despot]]) and repealed torture, liberated agricultural trade, diminished the use of death penalty etc.<ref name=Borg/> The somewhat later [[Constitution of Sweden#Public access to governmental documents|Freedom of the Press Act of 1774]], a part of the constitutional law and largely edited by Gustav III, was actually commended by [[Voltaire]].<ref name=Borg>Borg, Ivan & Nordell, Erik, ''Historia för gymnasiet. Årskurs 1.'', 1968, page 410. {{sv icon}}</ref> The earlier first Freedom of the Press Act of 1766 was repealed by the Constitution in 1772.


==Background==
The outcome of the constitution and its deliberately vague formulations,<ref name=NF/><ref name=Borg412/><ref name=B/> partly attributable to it being written in haste,<ref name=B/> was however a more or less [[authoritarian]] political system more weighted in favour of the King's power.<ref name=NF/><ref name=Borg412>Borg, Ivan & Nordell, Erik, ''Historia för gymnasiet. Årskurs 1.'' 4. ed. 1968, page 412-413.</ref> In 1789 it was amended in a still more [[autocratic]] direction by the [[Union and Security Act]].
{{main article|Revolution of 1772}}
During the Age of Liberty (1719–1772), Sweden was governed as a [[constitutional monarchy]], initially under the [[Instrument of Government (1719)]] and later under the near-identical [[Instrument of Government (1720)]]. Under this system, the king played a relatively minor role in the government, which was instead dominated by the [[Riksdag of the Estates]], with most of the [[executive (government)|executive]] functions of government being discharged by the [[Privy Council of Sweden|Council of the Realm]] ({{lang-sv|riksråd}}). The Age of Liberty is generally remembered as a [[golden age]] of political and artistic freedom, but it was also characterised by factional struggles between the so-called "[[Caps (party)|Cap]]" and "[[Hats (party)|Hat]]" [[party (politics)|parties]] in the Riksdag and by military humiliation in the [[Russo-Swedish War (1741-1743)|Hats' War]] (1741–1743) and the [[Pomeranian War]] (1757–1762). Indeed, some historians argue that by the early 1770s the situation had deteriorated to the extent that Sweden was on the brink of anarchy.<ref name=NF>[https://runeberg.org/nfbj/0369.html Gustaf III], ''[[Nordisk Familjebok]]'' (1909), pp. 672–673</ref>


Formally, the 1772 Constitution was adopted by the [[Riksdag of the Estates|Parliament]] (''Riksdag'') on 21 August 1772, but this took place as members of the Parliament and the [[Privy Council of Sweden|Privy Council]] were under threat by the royal garrison on order by King Gustav III outside of [[Stockholm Palace]], where the Parliament and Privy Council were assembled in different parts of the palace. Leading members of the [[Caps (party)|Caps party]] who sat in the Privy Council (as well as in Parliament) were arrested,<ref name=NF>[http://runeberg.org/nfbj/0369.html Gustaf III], ''[[Nordisk Familjebok]]'' (1909) {{sv icon}}</ref> as they were locked up in the Privy Council Room and released shortly after the adoption of the constitution.<ref name=NF/>
Gustav III was therefore able to attract considerable support for his scheme to overthrow the government and replace the 1720 Instrument of Government with a new constitution. On 19 August 1772 the king rallied the Stockholm garrison and arrested the Council of the Realm, along with several prominent members of the Cap party. Two days later he convened a session of the Riksdag and compelled it to accept a new constitution which he had drawn up, the 1772 Instrument of Government.<ref name=NF>[https://runeberg.org/nfbj/0369.html Gustaf III], ''[[Nordisk Familjebok]]'' (1909), pp. 672–673</ref>


==Description==
The 1772 Constitution replaced the [[Swedish Constitution of 1720]] (which was fundamentally similar to the [[Swedish Constitution of 1719|1719 Constitution]]) and was in turn replaced by the [[1809 Instrument of Government]] following the defeat in the [[Finnish War]] and the removal of King [[Gustav IV Adolf of Sweden|Gustav IV Adolf]] from the throne.<ref>[http://runeberg.org/nfcb/0624.html Regeringsformen], ''[[Nordisk Familjebok]]'' (1915) {{sv icon}}</ref>
The Instrument of Government was a somewhat curious mix of different influences. In part it was based on earlier Swedish political traditions, harking back above all to the reign of the revered [[Gustav II Adolf|King Gustav II Adolf]]; for example, it revived the posts of [[Lord High Chancellor of Sweden|Lord High Chancellor]] and [[Lord High Steward of Sweden|Lord High Steward]], which had once been among the [[Great Officers of the Realm|Great Offices of the Realm]] but had fallen out of use in the previous century.<ref name=B>{{cite book |editor-last=Bäcklin |editor-first=Martin |title=Historia för gymnasiet: allmän och nordisk historia efter år 1000 |edition=3rd |year=1965 |publisher=Almqvist & Wiksell |location=Stockholm |language=Swedish |id={{LIBRIS|1610850}} |pages=283–284}}</ref><ref name=Borg412/>

On the other hand, large parts of the Instrument were also inspired by recent [[Age of Enlightenment|Enlightenment]] ideas, in particular [[Montesquieu]]'s notion of the [[separation of powers#Montesquieu's separation of powers system|separation of powers]].<ref name=B/><ref name=Borg412>{{cite book |last=Borg |first=Ivan |last2=Nordell |first2=Erik |last3=Rodhe |first3=Sten |last4=Nordell |first4=Erik |title=Historia för gymnasiet. Årskurs 1 |edition=4th |year=1967 |publisher=AV Carlsons |location=Stockholm |language=Swedish |id={{LIBRIS|10259755}} |pages=412–413}}</ref> This concept would also be one of the main principles behind the [[US Constitution]], drawn up four years later, and indeed Gustav was an avowed admirer of the nascent [[United States]].<ref>Letter to [[Marie-Charlotte Hippolyte de Campet de Saujon|Countess de Boufflers]] 18 October 1776 published in 1992 by [[Swedish Academy]] Prof. [[:sv:Gunnar von Proschwitz|Gunnar von Proschwitz]] {{ISBN|91-7119-079-1}} p. 149</ref>

However, while Gustav may have admired [[republicanism|republican]] concepts like the separation of powers in theory, in practice he tended to rule as an [[enlightened absolutism|enlightened despot]], akin to contemporaries such as [[Joseph II of Austria]] and [[Frederick the Great]] of Prussia, rather than as a [[constitutional monarchy|constitutional monarch]].<ref name=NF/><ref name=Borg412/> The [[phraseology]] of the Instrument of Government was rather vague, in part due to its having been written in haste in the aftermath of the [[Revolution of 1772|coup]],<ref name=NF/><ref name=Borg412/> and although it invoked ideas like the separation of powers, it provided few practical checks upon the king's power. Moreover, in 1789 Gustav removed many of the few limits which did exist upon his power by compelling the Riksdag to pass the [[Union and Security Act]], which revised the Instrument of Government in a more nakedly [[authoritarian]] direction.


===Details===
===Details===
Largely the content of the Constitution was the following:
Significant provisions of the Instrument of Government included the following:
*The King governed the civil service and Parliaments were assembled only at the King's will when the King had to raise taxes and legislate (legislation was regulated in [[:s:sv:Regeringsform 1772#§ 40.|articles 40-43]]). An offensive war also had to be approved by Parliament ([[:s:sv:Regeringsform 1772#§ 48.|article 48]]) and also new taxation ([[:s:sv:Regeringsform 1772#§ 45.|articles 45-46]]).<ref name=B/><ref name=Borg412/>
*The king governed the civil service and Parliaments were assembled only at the king's will when the king had to raise taxes and legislate (legislation was regulated in [[:s:sv:Regeringsform 1772#§ 40.|articles 40-43]]). An offensive war also had to be approved by Parliament ([[:s:sv:Regeringsform 1772#§ 48.|article 48]]) and also new taxation ([[:s:sv:Regeringsform 1772#§ 45.|articles 45-46]]).<ref name=B/><ref name=Borg412/>
*The Privy Council's justice department ({{lang-sv|Justitierevisionen}}), functioned as a fairly independent [[Supreme court|Supreme Court]]<ref name=B/> (the King had two votes in this Court's judgements, as in all decisions by the Council in the Age of Liberty). The Privy Council did not however function so much as a political institution as in the Age of Liberty,<ref name=B/><ref name=Borg412/> and in these matters the King could put it aside and listen to other advisors and councillors as the King also often did.<ref name=B/>
*The Privy Council's justice department ({{lang-sv|Justitierevisionen}}), functioned as a fairly independent [[Supreme court|Supreme Court]]<ref name=B/> (the king had two votes in this Court's judgements, as in all decisions by the council in the Age of Liberty). The Privy Council did not however function so much as a political institution as in the Age of Liberty,<ref name=B/><ref name=Borg412/> and in these matters the king could put it aside and listen to other advisors and councillors as the king also often did.<ref name=B/>
*The King however had to listen to the advice of the Privy Council in cases concerning treaties about peace, armistice and alliances with foreign powers<ref name=B/><ref name=Borg412/><ref name=RF1772/> and [[State visits|(state) visits]] to other countries.<ref name=RF1772/> In these cases the Council also could veto the King, if all members of the Council shared this view unanimously.<ref name=RF1772>[[:s:sv:Regeringsform 1772#§ 6.|Articles 6 and 7 of the Constitution (Instrument of Government or ''Regeringsform'').]] {{sv icon}}</ref>
*The king however, had to listen to the advice of the Privy Council in cases concerning treaties about peace, armistice and alliances with foreign powers<ref name=B/><ref name=Borg412/><ref name=RF1772/> and [[State visits|(state) visits]] to other countries.<ref name=RF1772/> In these cases the council also could veto the king, if all members of the Council shared this view unanimously.<ref name=RF1772>[[:s:sv:Regeringsform 1772#§ 6.|Articles 6 and 7 of the Instrument (Instrument of Government or ''Regeringsform'').]] {{in lang|sv}}</ref>

==Coup of 1809==
{{main article|Coup of 1809}}
After the Swedish defeat in the [[Finnish War]], a [[coup d'état]] was mounted against Gustav's son and successor, King [[Gustav IV Adolf]], by disgruntled [[liberalism|liberals]] and army officers. The king was forced to abdicate and sent into exile, and a new constitution was then drawn up, the [[Instrument of Government (1809)]], which superseded the 1772 Instrument.<ref>[https://runeberg.org/nfcb/0624.html Regeringsformen], ''[[Nordisk Familjebok]]'' (1915) {{in lang|sv}}</ref>

⚫
==In Finland after 1809==
In the [[Grand Duchy of Finland]], created in 1809 from the eastern third of Sweden as part of the [[Imperial Russia|Russian Empire]], the 1772 Instrument of Government had a peculiar status. While the Russian emperors, reigning in Finland as grand dukes, never gave any indication that they considered their autocratic powers limited by any constitution, a theory was developed in Finland that the old Instrument of Government remained in force, ''mutatis mutandis'', with Finland's position as part of the Empire having the nature of a [[personal union]]. This theory was, however, never put forward officially and never accepted in St. Petersburg. It did gain considerable popular currency in Finland, so that [[Russification of Finland|Russification]] measures instituted from the 1890s onwards were commonly decried as an "unconstitutional" assault on the country's autonomy. The "Constitutionals" (''perustuslailliset'') were an important political faction in Finland at this time, and their legacy of constitutional legalism has had a significant effect on later Finnish politics.

The matter remained officially uncontested and arguably unresolved for more than a century, but after the abdication of [[Nicholas II of Russia|Nicholas II]] in 1917, the [[Parliament of Finland]], as successor to the old Estates of the Realm, moved to assume sovereign power in Finland, based on the old Swedish provisions in case of a [[interregnum|vacancy on the throne]]. This led to a power struggle with the [[Russian Provisional Government|Provisional Government of Russia]], as well as within Finland, culminating, after the [[October Revolution]], in the [[Finnish Declaration of Independence|Finnish declaration of independence]].


The Instrument of Government was finally superseded when Finland adopted a [[Constitution of Finland|new, republican instrument of government]] in 1919.
⚫
===In Finland after 1809===
In the [[Grand Duchy of Finland]], created in 1809 from the eastern third of Sweden as part of the [[Imperial Russia|Russian Empire]], the amended 1772 Constitution was in force until 17 July 1919. In Sweden, the loss of Finland resulted in both a new royal dynasty ([[Charles XIV John of Sweden|Jean-Baptiste Bernadotte]] being appointed successor to the throne) and a rewriting of the constitution, resulting in a new Instrument of Government, with more limited powers of the King.


==See also==
==See also==
Line 25: Line 39:
*[[Constitution of Finland]]
*[[Constitution of Finland]]
*[[Diet of Porvoo]]
*[[Diet of Porvoo]]
*[[Grand Duchy of Finland]]
*[[Russification of Finland]]
*[[Russification of Finland]]
⚫
*[[Corsican Constitution]]
*[[Walhalla-orden]]
*[[Walhalla-orden]]


==References==
==References==
⚫
{{wikisourcelang|sv|Regeringsform 1772}}
{{Reflist}}
{{Reflist}}


==External links==
==External links==
⚫
{{wikisourcelang|sv|Regeringsform 1772}}
* [http://www.histdoc.net/historia/se/htm1772_1.html Text of the Constitution] {{Sv icon}}
* [http://www.histdoc.net/historia/se/htm1772_1.html Text of the 1772 Instrument of Government] {{in lang|sv}}


{{Constitutions of Sweden|state=collapsed}}
{{Constitutions of Sweden|state=collapsed}}

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[[Category:1772 documents]]
⚫
[[Category:1772 in Sweden|Constitution]]
[[Category:1772 in law]]
[[Category:1772 in law]]
[[Category:1772 in Sweden]]
[[Category:1772 in politics]]
[[Category:Political history of Sweden]]
[[Category:1772 establishments in Sweden]]
[[Category:Political history of Finland]]
[[Category:1809 disestablishments in Sweden]]
[[Category:Constitution of Sweden]]
[[Category:Constitution of Sweden]]
[[Category:Defunct constitutions]]
[[Category:Defunct constitutions|Defunct constitutions]]
[[Category:Sweden during the Gustavian era|Constitution of 1772]]
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[[Category:Sweden–Finland]]
[[Category:Gustav III|Constitution of 1772]]
[[Category:Grand Duchy of Finland]]
[[Category:Grand Duchy of Finland]]
[[Category:Early modern history of Sweden]]
[[Category:Legal history of Sweden]]
[[Category:Legal history of Sweden]]
[[Category:Legal history of Finland]]
[[Category:Legal history of Finland]]
[[Category:1772 in politics]]
[[Category:Political history of Sweden]]
[[Category:Political history of Finland]]
[[Category:Self-coups]]

Latest revision as of 21:12, 3 June 2024

Gustav III of Sweden

The 1772 Instrument of Government (Swedish: regeringsform) was the constitution of the Kingdom of Sweden from 1772 to 1809. It was promulgated in the wake of the Revolution of 1772, a self-coup mounted by King Gustav III, and replaced the 1720 Instrument of Government, which had been in force for most of the Age of Liberty (1719-72). Although in theory the 1772 Instrument merely readjusted the balance of power between the Crown and the Riksdag of the Estates (Swedish Parliament), without changing Sweden's status as a constitutional monarchy, in practice it is generally seen as instituting an absolute monarchy, especially after its modification in 1789 by the Union and Security Act, which further strengthened royal power at the expense of the Riksdag. It remained in force throughout the Gustavian era, until replaced by the 1809 Instrument of Government as a result of the Coup of 1809.[1]

Background

[edit]
Main article: Revolution of 1772

During the Age of Liberty (1719–1772), Sweden was governed as a constitutional monarchy, initially under the Instrument of Government (1719) and later under the near-identical Instrument of Government (1720). Under this system, the king played a relatively minor role in the government, which was instead dominated by the Riksdag of the Estates, with most of the executive functions of government being discharged by the Council of the Realm (Swedish: riksråd). The Age of Liberty is generally remembered as a golden age of political and artistic freedom, but it was also characterised by factional struggles between the so-called "Cap" and "Hat" parties in the Riksdag and by military humiliation in the Hats' War (1741–1743) and the Pomeranian War (1757–1762). Indeed, some historians argue that by the early 1770s the situation had deteriorated to the extent that Sweden was on the brink of anarchy.[2]

Gustav III was therefore able to attract considerable support for his scheme to overthrow the government and replace the 1720 Instrument of Government with a new constitution. On 19 August 1772 the king rallied the Stockholm garrison and arrested the Council of the Realm, along with several prominent members of the Cap party. Two days later he convened a session of the Riksdag and compelled it to accept a new constitution which he had drawn up, the 1772 Instrument of Government.[2]

Description

[edit]

The Instrument of Government was a somewhat curious mix of different influences. In part it was based on earlier Swedish political traditions, harking back above all to the reign of the revered King Gustav II Adolf; for example, it revived the posts of Lord High Chancellor and Lord High Steward, which had once been among the Great Offices of the Realm but had fallen out of use in the previous century.[3][4]

On the other hand, large parts of the Instrument were also inspired by recent Enlightenment ideas, in particular Montesquieu's notion of the separation of powers.[3][4] This concept would also be one of the main principles behind the US Constitution, drawn up four years later, and indeed Gustav was an avowed admirer of the nascent United States.[5]

However, while Gustav may have admired republican concepts like the separation of powers in theory, in practice he tended to rule as an enlightened despot, akin to contemporaries such as Joseph II of Austria and Frederick the Great of Prussia, rather than as a constitutional monarch.[2][4] The phraseology of the Instrument of Government was rather vague, in part due to its having been written in haste in the aftermath of the coup,[2][4] and although it invoked ideas like the separation of powers, it provided few practical checks upon the king's power. Moreover, in 1789 Gustav removed many of the few limits which did exist upon his power by compelling the Riksdag to pass the Union and Security Act, which revised the Instrument of Government in a more nakedly authoritarian direction.

Details

[edit]

Significant provisions of the Instrument of Government included the following:

  • The king governed the civil service and Parliaments were assembled only at the king's will when the king had to raise taxes and legislate (legislation was regulated in articles 40-43). An offensive war also had to be approved by Parliament (article 48) and also new taxation (articles 45-46).[3][4]
  • The Privy Council's justice department (Swedish: Justitierevisionen), functioned as a fairly independent Supreme Court[3] (the king had two votes in this Court's judgements, as in all decisions by the council in the Age of Liberty). The Privy Council did not however function so much as a political institution as in the Age of Liberty,[3][4] and in these matters the king could put it aside and listen to other advisors and councillors as the king also often did.[3]
  • The king however, had to listen to the advice of the Privy Council in cases concerning treaties about peace, armistice and alliances with foreign powers[3][4][6] and (state) visits to other countries.[6] In these cases the council also could veto the king, if all members of the Council shared this view unanimously.[6]

Coup of 1809

[edit]
Main article: Coup of 1809

After the Swedish defeat in the Finnish War, a coup d'état was mounted against Gustav's son and successor, King Gustav IV Adolf, by disgruntled liberals and army officers. The king was forced to abdicate and sent into exile, and a new constitution was then drawn up, the Instrument of Government (1809), which superseded the 1772 Instrument.[7]

In Finland after 1809

[edit]

In the Grand Duchy of Finland, created in 1809 from the eastern third of Sweden as part of the Russian Empire, the 1772 Instrument of Government had a peculiar status. While the Russian emperors, reigning in Finland as grand dukes, never gave any indication that they considered their autocratic powers limited by any constitution, a theory was developed in Finland that the old Instrument of Government remained in force, mutatis mutandis, with Finland's position as part of the Empire having the nature of a personal union. This theory was, however, never put forward officially and never accepted in St. Petersburg. It did gain considerable popular currency in Finland, so that Russification measures instituted from the 1890s onwards were commonly decried as an "unconstitutional" assault on the country's autonomy. The "Constitutionals" (perustuslailliset) were an important political faction in Finland at this time, and their legacy of constitutional legalism has had a significant effect on later Finnish politics.

The matter remained officially uncontested and arguably unresolved for more than a century, but after the abdication of Nicholas II in 1917, the Parliament of Finland, as successor to the old Estates of the Realm, moved to assume sovereign power in Finland, based on the old Swedish provisions in case of a vacancy on the throne. This led to a power struggle with the Provisional Government of Russia, as well as within Finland, culminating, after the October Revolution, in the Finnish declaration of independence.

The Instrument of Government was finally superseded when Finland adopted a new, republican instrument of government in 1919.

See also

[edit]

References

[edit]
  1. ^ Regeringsformen, Nordisk Familjebok (1915)
  2. ^ a b c d Gustaf III, Nordisk Familjebok (1909), pp. 672–673
  3. ^ a b c d e f g Bäcklin, Martin, ed. (1965). Historia för gymnasiet: allmän och nordisk historia efter år 1000 (in Swedish) (3rd ed.). Stockholm: Almqvist & Wiksell. pp. 283–284. SELIBR 1610850.
  4. ^ a b c d e f g Borg, Ivan; Nordell, Erik; Rodhe, Sten; Nordell, Erik (1967). Historia för gymnasiet. Årskurs 1 (in Swedish) (4th ed.). Stockholm: AV Carlsons. pp. 412–413. SELIBR 10259755.
  5. ^ Letter to Countess de Boufflers 18 October 1776 published in 1992 by Swedish Academy Prof. Gunnar von Proschwitz ISBN 91-7119-079-1 p. 149
  6. ^ a b c Articles 6 and 7 of the Instrument (Instrument of Government or Regeringsform). (in Swedish)
  7. ^ Regeringsformen, Nordisk Familjebok (1915) (in Swedish)
[edit]
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