Supreme law of the Kingdom of Norway
The Constitution of Norway (complete name: The Constitution of the Kingdom of Norway; Danish: ; Norwegian Bokmål: ; Norwegian Nynorsk: ) was adopted on 16 May and signed on 17 May 1814 by the Norwegian Constituent Assembly at Eidsvoll. The latter date is the National Day of Norway; it marks the establishment of the constitution.
It is the fourth oldest written single-document national constitution in Europe after the Constitution of Poland, the French constitution of 1791, and the Spanish Constitution of 1812. The document is also the second oldest working national constitution in the world, after the Constitution of the United States. In May 2014, the Storting passed the most substantial changes since 1814, particularly by including paragraphs on human rights.
History.
Writing the constitution.
Until 1814, Norway was part of the Kingdom of Denmark–Norway. Following the defeat of Napoleon's troops at the Battle of Leipzig in October 1813, the Treaty of Kiel of January 1814 ceded Norway to Sweden. In response, the Crown Prince of Denmark–Norway and resident viceroy in Norway, Christian Frederik, started a Norwegian independence movement. The most likely goal of the young Crown Prince was reunification with Denmark. His initiative was successful, and a national assembly at Eidsvoll was called. The assembled representatives were elected by the congregations of the state church and by military units throughout Norway. They convened at the Eidsvoll manor on 10 April. The constitution was written during five weeks of the spring of 1814. It was ratified by the assembly on 16 May, and signed the following day. The latter date is now celebrated as the Norwegian Constitution Day.
The Norwegian constitution was inspired by the United States Declaration of Independence in 1776 and the French Revolution in 1789, and the subsequent U.S. and French constitutions. The authors, Christian Magnus Falsen and Johan Gunder Adler, were also influenced by the Spanish Constitution of 1812. A deviation from the republican constitutions of France and the United States was the retention of monarchy. Importing republicanism was seen as an attempt to emulate the French and Americans directly, something the lawmakers at Eidsvoll sought to avoid. The choice of monarchy as state form would also facilitate the reunification of Denmark–Norway, something the Crown Prince was not alone in seeking. The king's power was however severely curtailed. His absolute veto over laws was removed. The council of Eidsvoll chose Crown Prince Christian Frederik as king. Christian Adolph Diriks, who was the legal secretary of the Constitutional Committee, was the assembly's resident expert on foreign constitutions, and played an important part in shaping the language of the constitution. Diriks is credited with formulating §100, concerning freedom of speech, and §102, guarding against unreasonable searches and seizures.
The constitution shows a curious mix of radical and traditional values. The principle of separation of powers between the executive, legislative and judicial branches was directly inspired by radical ideas from the US and French systems. The retention of a king, a constitutional church, defined as Evangelical-Lutheran, and the banning of Jesuits, monastic orders, and Jews, which latter were not allowed to travel to Norway, in the face of Republicanism was a traditionalist move; however, the king's power was severely curtailed, and the church very much under the control of the elected body. Suffrage was extended, but was still restricted to certain groups of men. All men who were either farmers possessing their own land, civil servants, or urban property owners could vote. With this, about half of all Norwegian men were granted the right to vote.
The union with Sweden.
The young king and Norwegian officials tried to find international backing for their bid for Norway as a sovereign state throughout spring and early summer of 1814. After failing to secure the support of the United Kingdom, war with Sweden became unavoidable. The Swedish Campaign against Norway was short and decisive. However, while badly trained and equipped, the Norwegian Army put up a determined fight, holding the Swedes back at Kongsvinger and securing a tactical victory at the battle of Langnes. This enabled the King to avoid an unconditional surrender as he was forced into negotiations with the Swedes, leading to the Convention of Moss.
Putting the strategic situation and his own abdication to good use, he persuaded the Swedish crown prince Carl Johan (the former Marshal Bernadotte of France) to let the Norwegians keep their constitution. The Swedish crown prince could have named his terms to Norway, but wanted to appease the Norwegians and avoid a bloody continuation of the war. Realizing that a forced union with himself as ruler of a conquered and hostile country would be very uneasy, he accepted the Norwegian proposition. Norway then entered into a personal union with Sweden, and the constitution was amended as necessary to form the Union between Sweden and Norway. Notably, while Norway was to keep most of its own institution, the two countries were to share a common monarch and a common foreign policy.
On 7 October, an extraordinary session of the Storting convened, and king Christian Frederik delegated his powers to the parliament and abdicated on 10 October. The Storting adopted the constitutional amendments on 4 November and on the same day unanimously elected Charles XIII king of Norway, rather than acknowledging him as such, thus reinforcing the concept a King by the will of the people.
Dissolution of the union and the new King.
The union amendments were revoked after the dissolution of the 91-year union in 1905. The question of a King was again considered, and the Storting elected to offer the throne to the 33-year-old Prince Carl of Denmark, married to Princess Maud of Wales, the daughter of King Edward VII of the United Kingdom. By bringing in a king with British royal ties, it was hoped that Norway could court Britain's support. Additionally, Prince Carl was related on his father's side to Norway's medieval kings.
Prince Carl, however, was well aware of a surge of republicanism in Norway and of the constitutional situation of the Norwegian throne. He 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 13 November, the Norwegian votes decided on monarchy with a 78.9 percent majority, and Carl was elected King by the Storting, taking the regnal name Haakon VII.
World War II.
In 1942, the national socialist Minister President Vidkun Quisling, reintroduced the Jew clause, but the change was reverted after the war.
After World War II and the restoration of peace and constitutional rule, there was much debate on how to handle the events of the previous five years. None of this led to any changes in the constitution; it had withstood the test of hard times.
Development.
While radical in its day, the constitution of 1814 was a product of its age. As Norwegian democracy developed, some parts of it began to look increasingly dated. For example, the executive power, which in the constitution is consistently attributed to the King, came increasingly to rest in his Council of State (). Similarly, the King originally had the right to appoint members of the council, who were answerable to him alone, and they could not be chosen from the members of the Storting. With the establishment of parliamentarism in 1884, the council was effectively chosen by general election, in that the King appointed only members of the party or coalition having a majority in the Storting. Further, the Council became answerable to the Storting, in the sense that a failed vote of confidence would cause the government to resign. This last happened in March 2000, when the governing coalition refused introduction of electrical power stations based on natural gas on environmental grounds, which a majority of the Storting supported.
As a relic from the earlier laws of Denmark–Norway, Article 2 in the constitution originally read, "The Evangelical-Lutheran religion remains the public religion of the State. Those inhabitants, who confess thereto, are bound to raise their children to the same. Jesuits and monastic orders are not permitted. Jews are still prohibited from entry to the Realm." In 1851, the last sentence was struck out after the Norwegian poet Henrik Wergeland had campaigned for the rights of the Jews, and in 1897 also the next to last sentence. Monastic orders were permitted 1897, but the ban on Jesuits was only lifted in 1956.
Universal "male" suffrage was introduced in Norway in 1898 and universal suffrage in 1913 by amendments of the constitution.
Some constitutional scholars hold that it may be necessary to change the constitution if Norway is to enter the European Union, as the first article states that Norway is a "free, independent" country. However, the debate on the EU has been relatively quiescent since the referendum in 1994, so such a change is not likely to occur in the immediate future.
The Norwegian High Court of the Realm is warranted by the constitution and was frequently used by the Storting as a political tool to control the government during the 19th century, but no impeachments had been made since 1927. A parliamentary report and a proposition for constitutional amendment was presented in 2004 to change the legal basis of the High Court of the Realm and reduce its political bias. The proposal was passed by a unanimous Storting on 20 February 2007, and came into effect in 2009. The new court of impeachment is composed of five regular Supreme Court of Norway judges and six lay judges appointed by the Storting.
In May 2012, parliament passed a constitutional amendment, for the second time, to separate church and state. This formally made Norway a secular country with no official religion, although the Church of Norway is still mentioned in the Constitution. Article 12 in the constitution, which stated that more than half of the persons in the Council of State had to be members of the state church was also repealed.
In the run-up for the 200th anniversary for the Constitution, work was done to see if the Constitution could be amended to be more in tune with the times. In December 2011, a Committee appointed by the Storting put forth its report, suggesting that human rights be put in a separate chapter in the Constitution.
In 2014, 200 years after the constitution was written, a chapter on human rights was added as well as being rewritten into modern Bokmål and Nynorsk.
Language.
The events and the constitution of 1814 have a central place in Norwegian identity. For this reason, and to keep the text as consistent as possible, changes prior to the language revision in 2014 were written in a language close to the original. In 1814, Danish was still the universal written language in Norway. The current two official varieties of written Norwegian, Bokmål and Nynorsk (until 1929 called Riksmål and Landsmål respectively), were not developed until the late 19th century. Additionally, in 1903, the constitution underwent a very slight linguistic revision, changing the spelling of some words where orthography had changed since 1814 but still using conservative 19th century Danish.
All amendments prior to 2014 have attempted to imitate the language of the 1903 version, leading to peculiar constructions. The word "environment" was written with the archaic spelling "Milieu", differing from modern Norwegian and Danish ; the modern context of that word was, however, non-existent in the 19th century. The "Sami ethnic group" was "", even though the word "Sami" () was not common until the 1970s. In 1814 and 1903, the word Lappish () would have been used. In February 2006, a constitutional amendment was aimed at reverting 16 minor spelling errors to the proper 1903 forms.
Different approaches to revise the language throughout the document were suggested:
In 2014, when the language in the constitution was officially revised they went with the first approach, which produced an updated Bokmål version and a completely new modern Nynorsk version. The Nynorsk version was compiled by a committee headed by professor Hans Petter Graver. These are based on propositions 21, 22 and 25. Before this, the official name of the Kingdom of Norway (, ) would have been "Kongeriget Norge", as in the modern Danish form if taken literally from the old constitution.
The Norwegian constitution has a version written in English, provided by the Storting.
Rituals relating to the Constitution.
Constitution Day.
17 May, the date of the signing of the constitution, is