Judgment Reviews Law at Norway
Norway’s judicial review system is grounded in its Constitution and has evolved to empower the judiciary to assess the constitutionality of laws and government actions. This decentralized system allows ordinary courts, including the Supreme Court, to review laws in concrete cases.
⚖️ Constitutional Basis
Article 89 of the Norwegian Constitution explicitly grants courts the authority to review whether laws and other decisions made by state authorities are contrary to the Constitution. This provision, introduced in 2015, codified a practice that had been established through judicial interpretation over time. The Supreme Court of Norway (Høyesterett) has the final say in constitutional matters, but lower courts also have the right and duty to conduct such reviews
🏛️ Judicial Review in Practice
Decentralized System:Norway employs a decentralized system of judicial review, similar to that of the United States This means that any court can assess the constitutionality of a law in the context of a specific case However, the Supreme Court has the final authority and its decisions are highly influential
Ex Post Review:Constitutional review in Norway is conducted ex post, meaning that courts evaluate laws after they have been enacted, in the context of actual legal disputes This approach contrasts with systems that allow for abstract or preventive review
Standing and Access individuals or organizations that are directly affected by a law or decision have the standing to challenge its constitutionality For example, in 2021, the Norwegian Supreme Court ruled that the organization "Nei til EU" (No to the EU) had the right to challenge a parliamentary decision on the grounds that it violated constitutional requirements for certain matters to be decided by a supermajority
⚖️ Notable Cases
Climate Provision and Arctic Drilling: In 2020, the Supreme Court ruled that the government could issue permits for Arctic oil exploration without violating the constitutional right to a healthy environment (Article 112) The Court emphasized that while the environment must be considered in such decisions, the threshold for constitutional violations was not met in this case
Environmental Injunction Against Oil Fields:In 2024, an appeals court rejected an environmental injunction against the development of three oil and gas fields, emphasizing the role of the parliament and government in addressing climate issues The court underscored that decisions on climate action should primarily be made by elected representatives
✅ Summary
Judicial Review Authority:Granted by Article 89 of the Norwegian Constitution, allowing courts to assess the constitutionality of laws and government actions
System Type:Decentralized and ex post, with courts reviewing laws in the context of actual cases
Final Authority:The Supreme Court has the final say in constitutional matters, but lower courts also have the right and duty to conduct such reviews
Recent Developments:The system has been affirmed and strengthened through constitutional amendments and judicial decisions, reinforcing the judiciary's role in upholding constitutional principles In conclusion, Norway's judicial review system ensures that laws and government actions comply with constitutional standards, protecting individual rights and maintaining the rule of law
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