Judicial Review in Norway: A Bicentennial Debate

Norway's 1814 constitution is the oldest still in force, and judicial review has been a part of Norwegian court decision-making for most of these 200 years. The Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism, as it balances democracy and judicial oversight.

Format: Hardback
Length: 322 pages
Publication date: 20 September 2018
Publisher: Cambridge University Press

The Constitution of Norway, which was adopted in 1814, stands as one of the oldest constitutions still in force worldwide. Over the past two centuries, constitutional judicial review has played a significant role in shaping Norwegian court decisions. In addition to its domestic practice, Norway has also engaged in judicial review under the European Convention on Human Rights (ECHR) since the 1990s. While the notion of unelected judges overruling popularly elected majorities may be seen as undemocratic, Norway remains a highly democratic country. This essay explores how Norway strikes a balance between democracy and judicial oversight.

Author Anine Kierulf delves into the history of Norwegian constitutionalism, tracing its development from 1814 to the present day. Through the lens of judicial review debates and cases, Kierulf offers valuable insights into the social and political justifications for an active judicial review component in a constitutional democracy. One of the key arguments put forth by Kierulf is that the Norwegian model of judicial review provides a useful perspective on the dichotomy between American and European constitutionalism.

In the United States, the power of judicial review is often seen as a check on the legislative branch, ensuring that laws passed by Congress do not violate the Constitution. On the other hand, in Europe, the role of the judiciary is more limited, with the European Court of Human Rights primarily responsible for interpreting the European Convention on Human Rights and ensuring that member states comply with its provisions.

Kierulf argues that the Norwegian model of judicial review offers a middle ground between these two approaches. While the Norwegian Supreme Court has the authority to strike down laws that violate the Constitution, it also takes into account the social and political context in which the law was passed. This approach allows for a more nuanced and balanced interpretation of the Constitution, ensuring that it remains relevant to the changing needs of society.

Another important aspect of Norwegian constitutionalism is the role of the Norwegian Parliament. Unlike many other parliamentary democracies, the Norwegian Parliament has a significant role in shaping the country's constitution. The Parliament can propose amendments to the Constitution, which are then put to a public vote. This democratic process ensures that the Constitution remains responsive to the will of the people and that the government is held accountable to the Constitution.

In conclusion, the Constitution of Norway, which was adopted in 1814, stands as a testament to the enduring power of democracy and the importance of judicial review. Through the lens of judicial review debates and cases, author Anine Kierulf offers valuable insights into the social and political justifications for an active judicial review component in a constitutional democracy. The Norwegian model of judicial review provides a useful perspective on the dichotomy between American and European constitutionalism, allowing for a more nuanced and balanced interpretation of the Constitution. At the same time, the Norwegian Parliament's role in shaping the country's constitution ensures that the Constitution remains responsive to the will of the people and that the government is held accountable to the Constitution.

Weight: 576g
Dimension: 161 x 236 x 19 (mm)
ISBN-13: 9781108426688