Political constitutionalism in the Nordic countries: How anti-constitutionalism captured the North and why it may not last

Abstract The Nordic countries have often been portrayed as pioneers of human rights and international law. However, few are aware that court-protected human rights played an almost negligible role in post-Second World War Scandinavia. Instead, scepticism towards natural law thrived, and minimalist procedural democracy alongside legal positivism positioned ‘the people’ as represented in parliament at the apex of the democratic hierarchy. Therefore, while the desire to impose judicial limits on parliamentary majorities after the Second World War came to dominate most international constitutional discourse as a combination of judicial review and rights, the Nordics cultivated a form of political and even anti-constitutionalist position long before the term gained popularity elsewhere. This article presents the untold story of how and why the Nordics became a symbol of procedural democracy and majoritarianism, making it challenging for the region to embrace a European constitutional order in full. It also argues that by having few judicial safeguards in place nationally, the Nordic countries are badly positioned in the event of a populist or illiberal takeover. The article warns that a procedural and anti-constitutional democracy model, still strongly hailed in the Nordic countries and increasingly prominent in recent constitutional literature, may legitimate illiberal leaders around the globe with its strong link between the idea of unconstrained power of the majority and the right to rule. It may also, in a European context, significantly obstruct the European Court of Justice’s efforts to flesh out a stronger European constitutional democracy.