Misplaced Pages

#626373

67-765: Section 21 of the Norwegian Constitution grants the King of Norway sole authority to appoint judges to the Supreme Court. In Norwegian tradition, however, this section is interpreted as delegating the privilege to the Council of State , i.e. the cabinet. The cabinet makes their appointments on the advice of the Judicial Appointments Board, a body whose members are also appointed by the Council of State. The Supreme Court

134-566: A 1905 plebiscite . In recent years members of the Socialist Left party have proposed the abolition of the monarchy during each new session of parliament , though without any likelihood of success. This gives the Norwegian monarchy the unique status of being a popularly elected royal family and receiving regular formal confirmations of support from the Storting . Prior to and in the early phase of

201-497: A Royal Yacht when he accepted the throne, but this was not fulfilled until 1947. One important incident in the early years of the new monarchy was in 1928 when the King appointed the first Labour government. The Norwegian Labour Party was at that time quite radical, and even had the abolition of monarchy as part of their programme. It was the custom for the King to rely on the advice of the previous Prime Minister in deciding whom to give

268-498: A håndfæstning and governed in the council of Norwegian noblemen according to existing laws. After the death of Haakon VI of Norway in 1380, his son Olav IV of Norway succeeded to the thrones of both Norway and Denmark and was also elected King of Sweden. After his death at the age of 17 his mother Margrethe united the three Scandinavian kingdoms in personal union under one crown, in the Kalmar Union . Olav's death extinguished

335-492: A Danish king already embarked on centralising the government of the union. In the following centuries the Norwegian monarchs mostly resided abroad. This weakened the monarchical governing structures of Norway: the Riksråd, for example, was gradually undermined as the Norwegian nobles did not have the King's confidence to the same extent as their Danish counterparts. The King was also less able to govern according to Norwegian needs, as

402-631: A Danish prince as King Haakon VII in 1905, the reigning royal house of Norway has been a branch of the Schleswig-Holstein-Sonderburg-Glücksburg branch of the House of Oldenburg ; originally from Schleswig-Holstein in Germany, agnatically (through Prince Philip ) the same royal house as the British (since the accession of Charles III ), Danish and former Greek royal families. Whilst

469-545: A Norwegian citizen, have a law degree with excellent academic record and be at least 30 years old. Justice may only be removed by impeachment through conviction in the Riksrett . As of 2013, this has never happened. Justices face mandatory retirement at age 70. The court's salary is regulated by the Storting . Since October 1, 2011, justices have been paid NOK 1,487,000 ($ 262,600) and the chief justice NOK 1,724,000 ($ 304,500). King of Norway The Norwegian monarch

536-496: A case may be heard in plenary session by all 20 justices. This happens when the court needs to decide if legislation conflicts with the constitution or a case involves fundamental questions. The court is chaired by a Chief Justice together with 19 other justices. The current Chief Justice is Toril Marie Øie . To be eligible to apply for the position as a Supreme Court justice, the Constitution of Norway states that one must be

603-541: A constitutional monarchy 35 years after Norway. Parliamentarism was introduced in Norway 17 years before Denmark and 33 years before Sweden. The union with Denmark also had its adverse effects on the monarchy: among other things it resulted in the Crown of Norway losing territory which today amounts to 2 322 755 km (although most of this was uninhabited areas of Greenland). Very little royal activity had been relocated to Norway;

670-519: A fief from Saint Olaf. In the 12th and 13th centuries the Norwegian kingdom was at its geographical and cultural peak. The kingdom included Norway (including the now Swedish provinces of Jemtland , Herjedalen , Særna , Idre and Båhuslen ), Iceland , the Faroe Islands , Greenland, Shetland , Orkney and other smaller areas in the British Isles. The king had diplomatic relations with most of

737-535: A king with British royal ties, it was hoped that Norway could court Britain's support. Prince Carl impressed the delegation in many ways, not least because of his sensitivity to the liberal and democratic movements that had led to Norway's independence. Though the Norwegian constitution stipulated that the Storting could choose a new king if the throne were vacant, Carl was aware that many Norwegians – including leading politicians and high-ranking military officers – favored

SECTION 10

#1732851764627

804-512: A majority in the Storting to form a government. The King relies on the advice of the previous prime minister and the President of the Storting in this question. The last time the King appointed a new prime minister contrary to the advice of the previous was in 1928 when he appointed the first Labour government. Article 12 states: The King himself chooses a Council from among Norwegian citizens who are entitled to vote. [...] The King apportions

871-583: A more tangible influence as the symbol of national unity. The annual New Year's Eve speech is one occasion when the King traditionally raises negative issues. The King is also Supreme Commander of the Norwegian Armed Forces and Grand Master of the Royal Norwegian Order of St. Olav and of the Royal Norwegian Order of Merit . The King has no official role in the Church of Norway , but is required by

938-412: A nearly 79% majority (259,563 to 69,264) to keep the monarchy rather than establish a republic. The parliament, by an overwhelming majority, then offered Carl a clear mandate to the Norwegian throne on 18 November. The prince accepted the same evening, choosing the name Haakon , a traditional name used by Norwegian kings. The last king with that name had been Haakon VI , who died in the year 1380. Thus

1005-477: A plebiscite of the Norwegian people on 13 August, there were an overwhelming 368,208 votes (99.95%) in favor of dissolution of the Union, against 184 (0.05%) opposed, with 85% of Norwegian men voting. No women voted, as universal suffrage was not granted until 1913; however Norwegian feminists collected more than 200,000 signatures in favor of dissolution. During the summer a Norwegian delegation had already approached

1072-407: A republican form of government. Attempts to persuade the prince to accept the throne on the basis of Parliament's choice failed; Carl insisted that he would accept the crown only if the Norwegian people expressed their will for monarchy by referendum and if the parliament then elected him king. On 12 and 13 November, in the second constitutional plebiscite in three months, Norwegian voters decided by

1139-459: A result, Jemtland , Herjedalen, Båhuslen, Shetland and Orkney were lost to Sweden and Scotland. In addition all contact with Greenland ceased. In 1661 Frederick III introduced absolute monarchy in Denmark and Norway and introduced new laws in both countries to that effect. Until then the law of Magnus the law-mender given in 1274 and 1276 had been the law of Norway. Christian IV 's Norwegian law

1206-546: A series of disputes between parliament and the King culminated with the matter of separate Norwegian consuls to foreign countries . Norway had grown into one of the world's leading shipping nations, but Sweden retained control of both the diplomatic and consulate corps. Although businessmen needed assistance abroad, the Swedes had little insight into Norwegian shipping, and consulates were not even established in several important shipping cities. The demand for separate Norwegian consuls

1273-495: A set of events in which the struggle against Danish dominance in Norway was coupled with the struggle against the Reformation. When both failed the effects were harsh. The Norwegian Catholic bishops were replaced with Danes and the Norwegian church was subdued and made wholly Danish. The Norwegian Riksråd was abolished in 1536, and increasingly more foreigners were appointed to important positions in Norway. The Danish nobles pushed

1340-413: Is Norway's highest court. It has the entire Kingdom as its jurisdiction. It is a court of appeal, i.e. cases cannot be brought before the court if they have not been tried in a district court ( Norwegian : tingrett ) and in most cases also in a regional court ( Norwegian : lagmannsrett ). Nevertheless, the Supreme Court has the prerogative to decide itself which cases of appeal it shall hear. This leads

1407-410: Is his only son, Crown Prince Haakon . The crown prince undertakes various public ceremonial functions, as does the king's wife, Queen Sonja . The crown prince also acts as regent in the king's absence. There are several other members of the royal family , including the king's daughter, grandchildren and sister. Since the dissolution of the union between Norway and Sweden and the subsequent election of

SECTION 20

#1732851764627

1474-475: Is the head of state of Norway , which is a constitutional and hereditary monarchy with a parliamentary system . The Norwegian monarchy can trace its line back to the reign of Harald Fairhair and the previous petty kingdoms which were united to form Norway; it has been in unions with both Sweden and Denmark for long periods. The present monarch is King Harald V , who has reigned since 17 January 1991, succeeding his father, Olav V . The heir apparent

1541-409: The Constitution of Norway grants important executive powers to the King, these are almost always exercised by the Council of State in the name of the King (King's Council, or cabinet). Formally the King appoints the government according to his own judgment, but parliamentary practice has been in place since 1884. Constitutional practice has replaced the meaning of the word King in most articles of

1608-524: The Convention of Moss . This led to the ousting of Christian Frederick, and the Norwegian Storting electing Charles XIII of Sweden as King of Norway, creating the union between Sweden and Norway . In turn the king recognised the Norwegian constitution, which was only changed to facilitate the union. The end result was that the Norwegian monarchy became a constitutional monarchy . In this new union

1675-509: The German occupation of World War II, the King was an important symbol of national unity and resistance. His steadfast opposition to the German demands of surrender was important for the fighting spirit of the Norwegian population. The constitutional powers granted to the King in the Norwegian monarchial system made his position very important and enabled the government in exile to continue its work with

1742-492: The Viking Age Norway was divided into several smaller kingdoms . These are thought to have followed the same tradition as other Germanic monarchies of the time: the king was usually elected by the high-ranking farmers of the area and served mainly as a judge at popular assemblies, as a priest on the occasion of sacrifices, and as a military leader in time of war. Harald Fairhair was the first king of Norway. The date of

1809-461: The civil war era the unclear succession laws and the practice of power-sharing between several kings simultaneously gave personal conflicts the potential to become full-blown wars. Over the centuries kings consolidated their power, and eventually a strict succession law made Norway a principally hereditary kingdom. In practice the king was elected by the Riksråd in a similar way to Denmark. He adhered to

1876-502: The 33-year-old Prince Carl of Denmark , the second son of the Crown Prince Frederik of Denmark . The Norwegian parliament had considered other candidates but ultimately chose Prince Carl, partly because he already had a son to continue the line of succession, but more significantly because he was descended from independent Norwegian kings and Carl was also married to Maud of Wales , the daughter of King Edward VII . By bringing in

1943-456: The Constitution to be a member. The position of King of Norway has been in continuous existence since the unification of Norway in 872. Although Norway has officially been a hereditary kingdom throughout that time, there have been several instances of elective succession : most recently, the people of Norway electorally confirmed the accession of Haakon VII to the position of king through

2010-482: The European kingdoms and formed alliances with Scotland and Castile , among others. Large castles such as Haakon's Hall and cathedrals, the foremost being Nidaros Cathedral , were built. In the tradition of Germanic monarchy the king had to be elected by a representative assembly of noblemen. Men eligible for election had to be of royal blood; but the eldest son of the previous king was not automatically chosen. During

2077-458: The King was much more a King of Norway than under the previous Danish system. The only area of policy not in the hands of the Norwegians was foreign policy. Norway had been brought along into the new developments of the world as they arrived in Denmark. However, with the break the Norwegians were able to forge a more progressive political development than was the case in Denmark. Denmark introduced

Supreme Court of Norway - Misplaced Pages Continue

2144-481: The Norwegian male royal line; he was also the last Norwegian king to be born on Norwegian soil for the next 567 years. The Black Death of 1349–51 contributed to the decline of the Norwegian monarchy, as the noble families and the population in general were gravely affected. However, the most devastating factor for the nobility and the monarchy in Norway was the steep decline in income from their holdings. Many farms were deserted and rents and taxes suffered. This left

2211-474: The Norwegian monarchy weakened in manpower, noble support, defensibility and economic power. The Kalmar Union was not only possible due to the complex history of the royal dynasties of Scandinavia but was also, among other things, a direct reaction to the expansive and aggressive policies of the Hanseatic League . On 6 June 1523 Sweden left the union permanently, leaving Norway in an unequal union with

2278-431: The Norwegian movement towards full independence gained momentum, the King approved the building of forts and naval vessels intended to defend Norway against a Swedish invasion. The union was nevertheless marked by the Norwegians' constant and growing discontent with being in a union of any kind. The Storting would propose laws to reduce the king's power or to assert Norwegian independence. These would most often be vetoed by

2345-635: The United Kingdom are patrilineal descendants of the Glücksburg branch of this house. The dynasty rose to prominence when Count Christian I of Oldenburg was elected King of Denmark in 1448, of Norway in 1450 and of Sweden in 1457. The house then occupied the Danish throne continuously for 576 years until the abdication of Queen Margrethe II in 2024. Count Elimar I was first mentioned in 1091. The ancestral home of

2412-425: The assignment as new Prime Minister. In this case, the previous conservative Prime Minister was opposed to giving power to the radicals, and advised the appointment of someone else. However, the King adhered to the established practice of parliamentarism and decided to appoint Christopher Hornsrud as the first Labour Prime Minister. The Labour Party later dropped the abolition of monarchy from their programme. During

2479-508: The business among the Members of the Council of State, as he deems appropriate. Article 30 states: [...] Everyone who has a seat in the Council of State has the duty frankly to express his opinion, to which the King is bound to listen. But it rests with the King to make a decision according to his own judgment. [...] The King has to sign all laws in order for them to become valid. He can veto any law. However, if two separate Stortings approve

2546-424: The constitution from the king personally to the elected government. The powers vested in the monarch are significant but are treated only as reserve powers and as an important security part of the role of the monarchy. The King does not, by convention, have direct participation in government. He ratifies laws and royal resolutions, receives and sends envoys from and to foreign countries, and hosts state visits. He has

2613-500: The country and assert that Olaf II , alias Saint Olaf , who reigned from 1015 to 1028, was the first king to control the entire country. Olaf is generally held to have been the driving force behind Norway's final conversion to Christianity. Furthermore, he was in 1031 revered as Rex Perpetuus Norvegiae ("Eternal King of Norway"), and subsequently, the 1163 Succession Law stated that all kings after Olaf II's son, Magnus I , were not independent monarchs, but vassals holding Norway as

2680-459: The country thus lacks the monumental palaces of the period which can be seen in Copenhagen and other parts of Denmark. The Treaty of Kiel stipulated that Norway was to be ceded by the king of Denmark–Norway to the king of Sweden. This was however rejected in Norway, where calls for self-determination were already mounting. A Norwegian constituent assembly was called, and a liberal constitution

2747-425: The court to hear cases of principal importance, where clarification is needed or where standards need to be set. Rulings set substantial precedence for the lower courts as well as for the Supreme Court itself. As a subject to Norwegian law, one has no right to be heard in the Supreme Court, as the universal Human Rights article on a fair trial is believed to be satisfied with the district courts and as courts of appeal

Supreme Court of Norway - Misplaced Pages Continue

2814-496: The distance meant he and his advisors had less knowledge of conditions in Norway. Norway was one of few countries where the archdiocese was coterminous with the national territory. The church was an important factor in trying to maintain the separate Norwegian monarchy. In the 16th century the power struggle between the Norwegian nobles and the king culminated at the same time as the Protestant Reformation . This prompted

2881-415: The family is Oldenburg Castle . In the 12th century, Rastede Monastery near Oldenburg became their house monastery and later their country seat to this day. Marriages of medieval counts of Oldenburg paved the way for their heirs to become kings of various Scandinavian kingdoms. Through marriage with a descendant of King Valdemar I of Sweden and of King Eric IV of Denmark , a claim to Sweden and Denmark

2948-464: The first formation of a unified Norwegian kingdom is set as 872 when he defeated the last petty kings who resisted him at the Battle of Hafrsfjord ; however, the consolidation of his power took many years. The boundaries of Fairhair's kingdom were not identical to those of present-day Norway, and upon his death, the kingship was shared among his sons. Some historians emphasise the actual monarchial control over

3015-401: The holding of extraordinary sessions of the council of state in situations that require urgent actions that cannot wait for the next scheduled meeting. Parliamentarism has been in place since 1884 and entails that the cabinet must not have the parliament against it, and that the appointment by the King is a formality. In practice, the monarch will ask the leader of a parliamentary block that has

3082-586: The king of all three kingdoms of the whole Kalmar Union . The House of Mecklenburg was its chief competitor regarding the Northern thrones, and other aspirants included the Duke of Lauenburg . Different Oldenburgine branches have reigned in several countries. The House of Oldenburg was briefly poised to claim the British thrones through the marriage of Queen Anne and Prince George of Denmark and Norway in 1683; however, due to

3149-481: The king personally. The king has legal sovereign immunity , though his status as sacred was dissolved on 8 May 2018. Article 37 states: The Royal Princes and Princesses shall not personally be answerable to anyone other than the King, or whomever he decrees to sit in judgment on them. This means that the Princes and Princesses also have immunity on the discretion of the king. He could decide to let them be judged by

3216-471: The king the upper hand in the negotiations for the håndfesting . Potential heirs to Norway were present in both the royal dynasties of Sweden and Schleswig-Holstein , so if the King of Denmark did not assert his position as King of Norway they would. During this time the Danish kings were more preoccupied with securing the traditionally Danish fringe territories, and therefore paid little attention to and made few attempts at maintaining Norwegian interests. As

3283-411: The king to reduce Norway to a Danish province in order for them to gain more control in the election of future kings. However, the hereditary nature of the Norwegian monarchy meant that the King had to maintain the basic principle of Norway being a separate and extant kingdom. If the Danish nobles were to elect as king someone other than the next in line to the throne the Union would be dissolved. This gave

3350-483: The king, but as he only had the power to veto the same law twice, it would eventually be passed. The constitution of 1814 already specified that Norway would have a separate flag , and the present design was introduced in 1821. The flags of both kingdoms were defaced with the union mark in 1844 to denote their equal status within the union. Despite royal objections, this was removed from the Norwegian flag in 1898. In 1837 local self-government in certain areas of policy

3417-471: The law, it becomes valid even without the King's consent. The Crown has not vetoed any law since the dissolution of the union with Sweden. House of Oldenburg The House of Oldenburg is a German dynasty whose members rule or have ruled in Denmark , Iceland , Greece , Norway , Russia , Sweden , the United Kingdom , Livonia , Schleswig , Holstein , and Oldenburg . The current kings of Norway and

SECTION 50

#1732851764627

3484-399: The marriages of the then Crown Prince Harald in 1968, and of Crown Prince Haakon in 2001 sparked considerable controversy, but the lasting effect on the popularity of the monarchy has been minimal. Although decreased from its level of above 90 percent after the war, support for the monarchy seems to remain stable around and mostly above the 70 percent mark. In an opinion poll in 2012 93% of

3551-615: The monarchy specifically, as opposed to those dealing with the apparatus of government and affairs of state at large; to the cabinet of the Prime Minister (also known as the King-in-Council when chaired by the King), which is accountable to the Storting , and thus ultimately to the electorate. Article 5 stated: The King's person is sacred; he cannot be censured or accused. The responsibility rests with his Council. This article applies to

3618-447: The new king became Haakon VII, King of Norway. His two-year-old son Alexander , the heir apparent, was renamed Olav and became Crown Prince Olav. The new royal family arrived in the capital Kristiania (later Oslo ) on 25 November. Haakon VII was sworn in as king of Norway on 27 November. The early years of the new Norwegian monarchy were marked by a shortage of funds. The Norwegian state was poor and funds were needed elsewhere than in

3685-472: The people agreed the current Monarch does a good job for the country. Although the 1814 constitution grants important executive powers to the King, these are almost always exercised by the Council of State in the name of the King. Contemporary Norwegian constitutional practice has replaced the meaning of the word "king" in most articles from the meaning the King-in-person; apart from those dealing with

3752-487: The principle and substance of the Norwegian Constitution were preserved, with only such amendments as were required to allow for the union with Sweden. Norway retained its own parliament and separate institutions, except for the common king and foreign service. The Norwegian Storting would propose Norwegian laws without interference from Sweden, to be approved by the common King in his capacity as King of Norway. The King would occasionally enact laws unfavourable to Sweden. As

3819-434: The regional courts. The Supreme Court has a committee consisting of three justices who decide what cases shall be tried in the Supreme Court. The same committee decides in procedural questions appealed from the lower courts. Once approved, the case is heard and decided by 5 justices. A case may be decided in grand chamber, set with 11 justices, if the court decides that clear precedence needs to be set. In rare circumstances,

3886-485: The regular courts or he could decide to judge them himself. This has never been tested in practice. The Council of State consists of the King, Prime Minister and other members, all of whom are appointed by the King on the advice of Prime Minister. The Council of State is the Government of Norway and is chaired by the King. It meets under the King's chairmanship at least once a week usually on Fridays. The King also orders

3953-531: The resident viceroy in Norway, participated in founding a Norwegian independence movement . The independence movement was successful, partly due to clandestine support from the Danish Crown , but also because of the strong desire for independence in Norway. On 10 April, a national assembly met at Eidsvoll to decide on a constitution. Norway declared independence on 17 May 1814, electing Christian Frederick as King. A short war with Sweden later that year ended with

4020-415: The upkeep of a large court. In that sense it was a stroke of good fortune that Prince Carl had set as a condition for accepting the throne that he would not be forced to keep a large court. However, the royal travels and the upkeep of the royal residences, after the initial refurbishment in 1905, were to some extent neglected. One example of the negative financial situation is that Prince Carl had been promised

4087-474: The utmost legitimacy. After the war, the Norwegian royal house succeeded in maintaining a balance between regality and approachability. King Olav V was deemed the people's king and the spontaneous show of mourning from the population upon his death in 1991 demonstrated the high standing he had among the Norwegian people. Even republicans were among the masses lighting candles in front of the Palace. In later years

SECTION 60

#1732851764627

4154-596: The war, the king was forced to cede Norway to the king of Sweden under the Treaty of Kiel in 1814. It was initially proposed that the Norwegian dependencies of Greenland, Iceland and the Faroes would remain with Norway, but that point was dropped during the negotiations, so they became Danish. On hearing news of the treaty, the Prince of the Kingdom of Denmark-Norway , Christian Frederick ,

4221-478: Was adopted on 17 May 1814. A short war ensued, ending in a new agreement between the Norwegian parliament and the Swedish king. The Convention of Moss was from a Norwegian point of view a significant improvement over the terms dictated to Denmark-Norway at the treaty of Kiel. Notably, Norway was no longer to be treated as a Swedish conquest but rather as an equal party in a personal union of two independent states. Both

4288-507: Was in effect a translation into Danish of that older law. 1661 also marks the point when the last remnants of representational local government were removed and had to be rebuilt. However, that process started almost immediately when local men of means started putting pressure on local governors in order to gain or regain influence on local matters. During the Napoleonic Wars the King aligned Denmark–Norway with France. When Napoleon lost

4355-612: Was introduced in rural areas as well as towns. A Parliamentary system was introduced in 1884. The Royal House of Bernadotte tried hard to be a Norwegian royal house as well as a Swedish one. The Royal Palace in Oslo was built during this period. There were separate coronations in Trondheim , as stipulated in the Constitution. The royal princes even had a hunting lodge built in Norway so that they could spend more private time there. King Oscar II spoke and wrote Norwegian fluently. In 1905

4422-410: Was seen as very important by the Norwegian parliament and society. The Storting proposed a law establishing a separate Norwegian consulate corps. King Oscar II refused to ratify the law and subsequently the Norwegian cabinet resigned. The king was unable to form any other government that had the support of parliament, and so it was deemed on 7 June that he had failed to function as King of Norway. In

4489-527: Was staked as early as 1350. At that time, its competitors were the successors of Margaret I of Denmark . In the 15th century, the Oldenburg heir of that claim married Hedwig of Schauenburg , a descendant of a granddaughter of King Magnus III of Sweden ( Euphemia of Sweden and Norway) and also a descendant of Eric V of Denmark and Abel of Denmark . Since descendants better situated in genealogical charts died out, their son Christian (the abovementioned) became

#626373