Instrument of Government
The most important of the fundamental laws is the Instrument of Government (Swedish: Regeringsformen, RF). It sets out the basic principles for political life in Sweden defining rights and freedoms.
The parliamentarian Instrument of Government of 1974 grants the power to commission a prime minister to the Parliament (Swedish: Riksdag) at the suggestion of the Speaker of the Riksdag. The prime minister appoints members of Cabinet including heads of ministries, totalling to approximately 22 members. The Cabinet collectively decides governmental matters after hearing the report of the head of the relevant ministry. At least five Cabinet members are to be present at the decision. In practice, reports are written and discussions very rare during formal Cabinet meetings.
Constitutional functions for the head of state, i.e. the king, include heading the Council of State (the king plus the Cabinet), heading the Council on Foreign Affairs, recognizing new Cabinets (in the Council of State), and opening the Parliament's yearly session. The king is to be continuously briefed on governmental issues—in the Council of State or directly by the prime minister.
The first constitutional Instrument of Government was enacted in 1719, marking the transition from autocracy to parliamentarism. Sweden's bloodless revolution of 1772 was legitimized by the Parliament in new versions of the Instrument of Government (in 1772 and 1789), making the king a "constitutional autocrat". When Sweden was split in 1809, and the Grand Duchy of Finland was created as an autonomous part of the Russian Empire, this constitutional autocracy was very well fitted for Finland and remained in force until Finland's independence in 1917.
In Sweden, the loss of virtually half the realm led to another bloodless revolution, a new royal dynasty, and the Instrument of Government of 6 June 1809 (as well as a new Freedom of Press Act and Act of Succession). The new Instrument of Government established a separation of powers between the executive branch (the king) and the legislative branch (the Riksdag of the Estates) and gave the king and Parliament joint power over legislation, with the king still playing a central role in government but no longer independently of the Privy Council. The King was free to choose councillors, but was bound to decide on governmental matters only in presence of the Privy Council, or a subset thereof, and after report of the councillor responsible for the matter in question. The councillor had to countersign a royal decision, unless it was unconstitutional, whereby it gained legal force. The councillor was legally responsible for his advice and was obliged to note his dissension in case he did not agree with the king's decision. This constitution put a considerable de jure power in the king, but which was increasingly followed the councillors' advice. From 1917, the king adhered to principles of parliamentarism by choosing councillors possessing direct or indirect support from a majority of the Parliament.
After over 50 years of de facto parliamentarism, it was written into the Instrument of Government of 1974, which, although technically adherent to Constitutional monarchy, finally abolished the Privy Council.
Read more about this topic: Constitution Of Sweden
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