Chapter 8
Ombudsmen—200 years of service
Development of the office
The genesis of the modern ombudsman office is tied to the adoption of new national constitutions, commencing in Sweden in the 19th century. Following the loss of Finland to Russia in the Napoleonic Wars, and a coup d'état in 1809 forcing the abdication of King Gustav Adolf IV, Sweden developed a new constitution in 1809. The constitution established a new constitutional monarchy and a separate judiciary. This is the oldest written European constitution and was approved by the Riksdag (parliament) on 6 June 1809.
The new Swedish constitution was based on ensuring a balance of power between the King and the Parliament, and preventing a return to authoritarian rule. It contained detailed provisions regarding the new institution of the Ombudsman ('justitieombudsman'—the Ombudsman of Justice) to ensure laws and statutes were obeyed. The Ombudsman was to be independent of the executive and the parliament. The first Ombudsman, Lars Augustin Mannerheim, was elected in 1810, and had jurisdiction over both civilian and military functions.
'[A]t this early stage in Swedish history, when the parliamentary assembly was not elected by universal and equal suffrage ... the Ombudsman contributed to the democratic ideal
– by strengthening the role of Parliament vis–à–vis the King
– by advocating the rule of law
– and by making it possible to hold those who have been entrusted with the power to exercise public authority responsible for their actions and omissions.'
Mats Melin, Chief Parliamentary Ombudsman, Sweden. Opening address to the IXth International Ombudsman Institute World Conference and the Swedish Parliamentary Ombudsmen 200 Years Anniversary, Stockholm, June 2009.
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