separationsprincipen

Separationsprincipen, or the separation principle, is a term used in Swedish law and public administration to describe the division of powers and functions among different state organs to prevent the concentration of authority and to safeguard the rule of law. The principle is tied to the broader idea of separation of powers and is applied in organizing the government so that legislation, administration, and adjudication are performed by distinct entities or under carefully defined boundaries.

In practice, separationsprincipen implies independence of the judiciary from political influence, and limits on ministerial or administrative control over court decisions. It also informs how public authorities are structured, encouraging a division between policy-making, enforcement, and oversight roles, and allowing for checks and balancing within the constitutional framework. The principle may govern the relationship between central government, agencies, and local authorities, and can influence how conflicts of interest are avoided in regulatory tasks.

The precise meaning and application of separationsprincipen vary with constitutional rules, statutory provisions, and jurisprudence. In some contexts it is used to analyze whether an organization complies with the requirement that power not be concentrated in a single body, or that an organ functioning as both policy-maker and enforcer does not undermine legal neutrality.

See also: maktdelningsprincipen, separation of powers, separation of church and state, independent authority.