Constitutionof theKingdom of Norway
The
Constitution,
as drafted on 17 May 1814
by the
Constituent
Assembly at Eidsvoll
[as amended,
the
latest of which was on July 23, 1995).
A. Form of
government
and religion
Article 1
The Kingdom of Norway is
a free, independent, indivisible and inalienable Realm. Its form of
government
is a limited and hereditary monarchy.
Article 2
All inhabitants of the Realm
shall have the right to free exercise of their religion.
The Evangelical-Lutheran
religion shall remain the official religion of the State. The
inhabitants
professing it are bound to bring up their children in the same.
B. The Executive
Power,
the Kingand the Royal
Family
Article 3
The Executive Power is vested
in the King, or in the Queen if she has succeeded to the Crown pursuant
to the provisions of Article 6 or Article 7 or Article 48 of this
Constitution.
When the Executive Power is thus vested in the Queen, she has all the
rights
and obligations which pursuant to this Constitution and the Law of the
Land are possessed by the King.
Article 4
The King shall at all times
profess the Evangelical-Lutheran religion, and uphold and protect the
same.
Article 5
The King's person is sacred;
he cannot be censured or accused. The responsibility rests with his
Council.
Article 6
The order of succession is
lineal, so that only a child born in lawful wedlock of the Queen or
King,
or of one who is herself or himself entitled to the succession may
succeed,
and so that the nearest line shall take precedence over the more remote
and the elder in the line over the younger.
An unborn child shall also
be included among those entitled to the succession and shall
immediately
take her or his proper place in the line of succession as soon as she
or
he is born into the world.
The right of succession shall
not, however, belong to any person who is not born in the direct line
of
descent from the last reigning Queen or King or a sister or brother
thereof,
or is herself or himself a sister or brother thereof.
When a Princess or Prince
entitled to succeed to the Crown of Norway is born, her or his name and
time of birth shall be notified to the first Storting in session and be
entered in the record of its proceedings.
For those born before the
year 1971, Article 6 of the Constitution as it was passed on 18
November
1905 shall, however, apply. For those born before the year 1990 it
shall
nevertheless be the case that a male shall take precedence over a
female.
Article 7
If there is no Princess or
Prince entitled to the succession, the King may propose his successor
to
the Storting, which has the right to make the choice if the King's
proposal
is not accepted.
Article 8
The age of majority of the
King shall be laid down by law.
As soon as the King has attained
the age prescribed by law, he shall make a public declaration that he
is
of age.
Article 9
As soon as the King, being
of age, accedes to the government, he shall take the following oath
before
the Storting: "I promise and swear that I will govern the Kingdom of
Norway
in accordance with its Constitution and Laws; so help me God, the
Almighty
and Omniscient."
If the Storting is not in
session at the time, the oath shall be made in writing in the Council
of
State and be repeated solemnly by the King at the first subsequent
Storting.
Article 10[Repealed]
Article 11
The King shall reside in
the Realm and may not, without the consent of the Storting, remain
outside
the Realm for more than six months at a time, otherwise he shall have
forfeited,
for his person, the right to the Crown.
The King may not accept any
other crown or government without the consent of the Storting, for
which
two thirds of the votes are required.
Article 12
The King himself chooses
a Council from among Norwegian citizens who are entitled to vote. This
Council shall consist of a Prime Minister and at least seven other
Members.
More than half the number
of the Members of the Council of State shall profess the official
religion
of the State.
The King apportions the business
among the Members of the Council of State, as he deems appropriate.
Under
extraordinary circumstances,besides the ordinary Members of the Council
of State, the King may summon other Norwegian citizens, although no
Members
of the Storting, to take a seat in the Council of State.
Husband and wife, parent
and child or two siblings may never sit at the same time in the Council
of State.
Article 13
During his travels within
the Realm, the King may delegate the administration of the Realm to the
Council of State. The Council of State shall conduct the government in
the King's name and on his behalf. It shall scrupulously observe the
provisions
of this Constitution, as well as such particular directives in
conformity
therewith as the King may instruct.
The matters of business shall
be decided by voting, where in the event of the votes being equal, the
Prime Minister, or in his absence the highest-ranking Member of the
Council
of State who is present, shall have two votes.
The Council of State shall
make a report to the King on matters of business which it thus decides.
Article 14
The King may appoint State
Secretaries to assist Members of the Council of State with their duties
outside the Council of State. Each State Secretary shall act on behalf
of the Member of the Council of State to whom he is attached to the
extent
determined by that Member.
Article 15[Repealed]
Article 16
The King ordains all public
church services and public worship, all meetings and assemblies dealing
with religious matters, and ensures that public teachers of religion
follow
the norms prescribed for them.
Article 17
The King may issue and repeal
ordinances relating to commerce, customs tariffs, all economic sectors
and the police; although these must not conflict with the Constitution
or with the laws passed by the Storting (as hereinafter prescribed in
Articles
77, 78 and 79). They shall remain in force provisionally until the next
Storting.
Article 18
As a general rule the King
shall provide for the collection of the taxes and duties imposed by the
Storting.
Article 19
The King shall ensure that
the properties and prerogatives of the State are utilized and
administered
in the manner determined by the Storting and in the best interests of
the
general public.
Article 20
The King shall have the right
in the Council of State to pardon criminals after sentence has been
passed.
The criminal shall have the choice of accepting the King's pardon or
submitting
to the penalty imposed.
In proceedings which the
Odelsting causes to be brought before the Court of Impeachment, no
pardon
other than deliverance from the death penalty may be granted.
Article 21
The King shall choose and
appoint, after consultation with his Council of State, all senior
civil,
ecclesiastical and military officials. Before the appointment is made,
such officials shall swear or, if by law exempted from taking the oath,
solemnly declare obedience and allegiance to the Constitution and the
King,
although senior officials who are not Norwegian nationals may by law be
exempted from this duty. The Royal Princes must not hold senior civil
offices.
Article 22
The Prime Minister and the
other Members of the Council of State, together with the State
Secretaries,
may be dismissed by the King without any prior court judgment, after he
has heard the opinion of the Council of State on the subject. The same
applies to senior officials employed in government offices or in the
diplomatic
or consular service, to the highest-ranking civil and ecclesiastical
officials,
commanders of regiments and other military formations, commandants of
forts
and officers commanding warships. Whether pensions should be granted to
senior officials thus dismissed shall be determined by the next
Storting.
In the interval they shall receive two thirds of their previous pay.
Other senior officials may
only be suspended by the King, and must then without delay be charged
before
the Courts, but they may not, except by court judgment, be dismissed
nor,
against their will, transferred.
All senior officials may,
without a prior court judgment, be discharged from office upon
attaining
the statutory age limit.
Article 23
The King may bestow orders
upon whomever he pleases, as a reward for distinguished services, and
such
orders must be publicly announced, but no rank or title other than that
attached to any office. The order exempts no one from the common duties
and burdens of citizens, nor does it carry with it any preferential
admission
to senior official posts in the State. Senior officials honourably
discharged
from office retain the title and rank of their office. This does not
apply,
however, to Members of the Council of State or the State Secretaries.
No personal, or mixed, hereditary
privileges may henceforth be granted to anyone.
Article 24
The King chooses and dismisses,
at his own discretion, his Royal Household and Court Officials.
Article 25
The King is Commander-in-Chief
of the land and naval forces of the Realm. These forces may not be
increased
or reduced without the consent of the Storting. They may not be
transferred
to the service of foreign powers, nor may the military forces of any
foreign
power, except auxiliary forces assisting against hostile attack, be
brought
into the Realm without the consent of the Storting.
The territorial army and
the other troops which cannot be classed as troops of the line must
never,
without the consent of the Storting, be employed outside the borders of
the Realm.
Article 26
The King has the right to
call up troops, to engage in hostilities in defence of the Realm and to
make peace, to conclude and denounce conventions, to send and to
receive
diplomatic envoys.
Treaties on matters of special
importance, and, in all cases, treaties whose implementation, according
to the Constitution, necessitates a new law or a decision by the
Storting,
are not binding until the Storting has given its consent thereto.
Article 27
All Members of the Council
of State shall, unless lawfully absent, attend the Council of State and
no decision may be adopted there unless more than half the number of
members
are present.
A Member of the Council of
State who does not profess the official religion of the State shall not
take part in proceedings on matters which concern the State Church.
Article 28
Proposals regarding appointments
to senior official posts and other matters of importance shall be
presented
in the Council of State by the Member under whose department they come,
and such matters shall be dealt with by him in accordance with the
decision
adopted in the Council of State. However, matters strictly relating to
military command may, to the extent determined by the King, be excepted
from proceedings in the Council of State.
Article 29
If a Member of the Council
of State is lawfully prevented from attending the meeting and from
presenting
the matters coming under his department, these may be presented by
another
member temporarily appointed by the King for the purpose.
If so many Members are lawfully
prevented from attending that not more than half of the stipulated
number
are present, the requisite number of other men or women shall be
temporarily
appointed to take a seat in the Council of State.
Article 30
All the proceedings of the
Council of State shall be entered in its records. Diplomatic matters
which
the Council of State decides to keep secret shall be entered in a
special
record. The same applies to military command matters which the Council
of State decides to keep secret.
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.
If any Member of the Council
of State is of the opinion that the King's decision conflicts with the
form of government or the laws of the Realm, or is clearly prejudicial
to the Realm, it is his duty to make strong remonstrances against it,
as
well as to have his opinion entered in the records. A member who has
not
thus protested is deemed to have been in agreement with the King, and
shall
be answerable in such manner as may be subsequently decided, and may be
impeached by the Odelsting before the Court of Impeachment.
Article 31
All decisions drawn up by
the King shall, in order to become valid, be countersigned. The
decisions
relating to military command are countersigned by the person who has
presented
the matter, while other decisions are countersigned by the Prime
Minister
or, if he has not been present, by the highest-ranking Member of the
Council
of State present.
Article 32
The decisions adopted by
the Government during the King's absence shall be drawn up in the
King's
name and be signed by the Council of State.
Article 33[Repealed]
Article 34
The King shall make provisions
concerning titles for those who are entitled to succeed to the Crown.
Article 35
As soon as the heir to the
Throne has completed her or his eighteenth year, she or he is entitled
to take a seat in the Council of State, although without a vote or
responsibility.
Article 36
A Princess or Prince entitled
to succeed to the Crown of Norway may not marry without the consent of
the King. Nor may she or he accept any other crown or government
without
the consent of the King and the Storting; for the consent of the
Storting
two thirds of the votes are required.
If she or he acts contrary
to this rule, they and their descendants forfeit their right to the
Throne
of Norway.
Article 37
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.
Article 38[Repealed]
Article 39
If the King dies and the
heir to the Throne is still under age, the Council of State shall
immediately
summon the Storting.
Article 40
Until the Storting has assembled
and made provisions for the government during the minority of the King,
the Council of State shall be responsible for the administration of the
Realm in accordance with the Constitution.
Article 41
If the King is absent from
the Realm unless commanding in the field, or if he is so ill that he
cannot
attend to the government, the person next entitled to succeed to the
Throne
shall, provided that he has attained the age stipulated for the King's
majority, conduct the government as the temporary executor of the Royal
Powers. If this is not the case, the Council of State will conduct the
administration of the Realm.
Article 42[Repealed]
Article 43
The choice of trustees to
conduct the government on behalf of the King during his minority shall
be undertaken by the Storting.
Article 44
The Princess or Prince who,
in the cases mentioned in Article 41, conducts the government shall
make
the following oath in writing before the Storting: "I promise and swear
that I will conduct the government in accordance with the Constitution
and the Laws, so help me God, the Almighty and Omniscient".
If the Storting is not in
session at the time, the oath shall be made in the Council of State and
later be presented to the next Storting.
The Princess or Prince who
has once made the oath shall not repeat it later.
Article 45
As soon as their conduct
of the government ceases, the trustees shall submit to the King and the
Storting an account of the same.
Article 46
If the persons concerned
fail to summon the Storting immediately in accordance with Article 39,
it becomes the unconditional duty of the Supreme Court, as soon as four
weeks have elapsed, to arrange for the Storting to be summoned.
Article 47
The supervision of the education
of the King during his minority should, if both his parents are dead
and
neither of them has left any written directions thereon, be determined
by the Storting.
Article 48
If the Royal Line has died
out, and no successor to the Throne has been designated, then a new
Queen
or King shall be chosen by the Storting. Meanwhile, the Executive Power
shall be exercised in accordance with Article 40.
C. Rights of
citizens
and the Legislative Power
Article 49
The people exercises the
Legislative Power through the Storting, which consists of two
departments,
the Lagting and the Odelsting.
Article 50
Those entitled to vote are
Norwegian citizens, men and women, who, at the latest in the year when
the election is held, have completed their 18th year.
The extent, however, to which
Norwegian citizens, who on Election Day are resident outside the Realm
but who satisfy the aforementioned conditions, are entitled to vote
shall
be determined by law.
Rules may be laid down by
law concerning the right to vote of persons, otherwise entitled to
vote,
who on Election Day are manifestly suffering from a seriously weakened
mental state or a reduced level of consciousness.
Article 51
The rules on the keeping
of the poll list and on the registration in the poll list of persons
entitled
to vote shall be determined by law.
Article 52[Repealed]
Article 53
The right to vote is lost
by persons:chanroblesvirtuallawlibrary
a) sentenced for criminal
offences, in accordance with the relevant provisions laid down by law;
b) entering the service of
a foreign power without the consent of the Government;
c) [repealed]
d) demonstrably guilty of
having bought votes, of having sold their own vote, or of having voted
at more than one polling station.
e) [repealed]
Article 54
The polls shall be held every
fourth year. They shall be concluded by the end of September.
Article 55
The polls shall be conducted
in the manner prescribed by law. Disputes regarding the right to vote
shall
be settled by the poll officials, whose decision may be appealed to the
Storting.
Article 56[Repealed]
Article 57
The number of representatives
to be elected to the Storting shall be one hundred and sixty-five.
Article 58
Each county constitutes a
constituency.
One hundred and fifty-seven
of the Representatives of the Storting are elected as representatives
of
constituencies and the remaining 8 representatives are elected so as to
achieve a greater degree of proportionality.
Representatives of constituencies
are distributed among the constituencies of the Realm as follows: 8 are
elected from the county of Østfold, 15 from Oslo, 12 from the
county
of Akershus, 8 from the county of Hedmark, 7 from the county of
Oppland,
7 from the county of Buskerud, 7 from the county of Vestfold, 6 from
the
county of Telemark, 4 from the county of Aust-Agder, 5 from the county
of Vest-Agder, 10 from the county of Rogaland, 15 from the county of
Hordaland,
5 from the county of Sogn og Fjordane, 10 from the county of
Møre
og Romsdal, 10 from the county of Sør-Trøndelag, 6 from
the
county of Nord-Trøndelag, 12 from the county of Nordland, 6 from
the county of Troms, and 4 from the county of Finnmark.
Article 59
Each municipality constitutes
a separate polling district.
The polls shall be held separately
for each polling district. At the polls votes shall be cast directly
for
representatives to the Storting, together with their proxies, to
represent
the entire constituency.
The election of representatives
of constituencies is based on proportional representation and the seats
are distributed among the political parties in accordance with the
following
rules.
The total number of votes
cast for each party within each separate constituency is divided by
1.4,
3, 5, 7 and so on until the number of votes cast is divided as many
times
as the number of seats that the party in question may expect to obtain.
The party which in accordance with the foregoing obtains the largest
quotient
is allotted the first seat, while the second seat is allotted to the
party
with the second largest quotient, and so on until all the seats are
distributed.
If several parties have the same quotient, lots are drawn to decide to
which party the seat shall be allotted. List alliances are not
permitted.
The seats at large are distributed
among the parties taking part in such distribution on the basis of the
relation between the total number of votes cast for the individual
parties
in the entire Realm in order to achieve the highest possible degree of
proportionality among the parties. The total number of seats in the
Storting
to be held by each party is determined by applying the rules concerning
the distribution of constituency seats correspondingly to the entire
Realm
and to the parties taking part in the distribution of the seats at
large.
The parties are then allotted so many seats at large that these,
together
with the constituency seats already allotted, correspond to the number
of seats in the Storting to which the party in question is entitled in
accordance with the foregoing. If according to these rules two or more
parties are equally entitled to a seat, preference shall be given to
the
party receiving the greatest number of votes or, in the event of a tie,
the one which is chosen by drawing lots. If a party has already through
the distribution of constituency seats obtained a greater number of
seats
than that to which it is entitled in accordance with the foregoing, a
new
distribution of the seats at large shall be carried out exclusively
among
the other parties, in such a way that no account is taken of the number
of votes cast for and constituency seats obtained by the said party.
No party may be allotted
a seat at large unless it has received at least 4 per cent of the total
number of votes cast in the entire Realm.
The seats at large obtained
by a party are distributed among that party's lists of candidates for
constituency
elections so that the first seat is allotted to the list left with the
largest quotient after the constituency's seats are distributed, the
second
seat to the list with the second largest quotient, and so on until all
the party's seats at large have been distributed.
Article 60
Whether and in what manner
those entitled to vote may deliver their ballot papers, without
personal
attendance at the polls, shall be determined by law.
Article 61
No one is eligible as a representative
to the Storting unless he has resided for 10 years in the Realm, as
well
as being entitled to vote.
Article 62
Officials who are employed
in government departments, except however the State Secretaries, or
officials
and pensioners of the Court, may not be elected as representatives to
the
Storting. The same applies to officials employed in the diplomatic or
consular
services.
Members of the Council of
State may not attend meetings of the Storting as representatives while
holding a seat in the Council of State. Nor may the State Secretaries
attend
as representatives while holding their appointments.
Article 63
It is the duty of anyone
who is elected as a representative to accept such election, unless:chanroblesvirtuallawlibrary
a) He is elected outside
the constituency in which he is entitled to vote.
b) He has as a representative
attended all the sessions of the Storting following the previous
election.
c) He has completed his sixtieth
year at the latest in the year when the General Election is held.
d) He is a member of a political
party and he is elected on a list of candidates which has not been
issued
by that party.chanrobles virtualawlibrary
If anyone is elected as a
representative without being bound to accept such election, he must,
within
the time and in the manner prescribed by law, make a declaration
stating
whether or not he accepts election.
It shall similarly be prescribed
by law by what date and in which manner anyone who is elected as
representative
for two or more constituencies shall state which election he will
accept.
Article 64
The representatives elected
shall be furnished with credentials, the validity of which shall be
adjudged
by the Storting.
Article 65
Every representative and
proxy called to the Storting shall be entitled to receive from the
Treasury
such reimbursement as is prescribed by law for travelling expenses to
and
from the Storting, and from the Storting to his home and back again
during
vacations lasting at least fourteen days.
He shall further be entitled
to remuneration, likewise prescribed by law, for attending the Storting.
Article 66
Representatives on their
way to and from the Storting, as well as during their attendance there,
shall be exempt from personal arrest, unless they are apprehended in
public
crimes, nor may they be called to account outside the meetings of the
Storting
for opinions expressed there. Every representative shall be bound to
conform
to the rules of procedure therein adopted.
Article 67
The representatives elected
in the aforesaid manner shall constitute the Storting of the Kingdom of
Norway.
Article 68
The Storting shall as a rule
assemble on the first weekday in October every year in the capital of
the
Realm, unless the King, by reason of extraordinary circumstances, such
as hostile invasion or infectious disease, designates another town in
the
Realm for the purpose. Such a decision must be publicly announced in
good
time.
Article 69
When the Storting is not
assembled, it may be summoned by the King if he finds it necessary.
Article 70[Repealed]
Article 71
The members of the Storting
function as such for four successive years.
Article 72[Repealed]
Article 73
The Storting nominates from
among its members one fourth to constitute the Lagting, the remaining
three
fourths to constitute the Odelsting. This nomination shall take place
at
the first session of the Storting that assembles after a new General
Election,
whereafter the Lagting shall remain unchanged at all sessions of the
Storting
assembled after the same election, except insofar as any vacancy which
may occur among its members has to be filled by special nomination.
Each Ting holds its meetings
separately and nominates its own President and Secretary. Neither Ting
may hold a meeting unless at least half of its Members are present.
However,
Bills concerning amendments to the Constitution may not be dealt with
unless
at least two thirds of the Members of the Storting are present.
Article 74
As soon as the Storting is
constituted, the King, or whoever he appoints for the purpose, shall
open
its proceedings with a Speech, in which he shall inform it of the state
of the Realm and of the issues to which he particularly desires to call
the attention of the Storting. No deliberations may take place in the
presence
of the King.
When the proceedings of the
Storting have been opened, the Prime Minister and the Members of the
Council
of State have the right to attend the Storting, as well as both
departments
of the Storting, and, like its Members, although without voting, to
take
part in any proceedings conducted in open session, while in matters
discussed
in closed session only insofar as permitted by the Ting concerned.
Article 75
It devolves upon the Storting:chanroblesvirtuallawlibrary
a) to enact and repeal laws;
to impose taxes, dues, customs and other public charges, which shall
not,
however, remain operative beyond 31 December of the succeeding year,
unless
they are expressly renewed by a new Storting;
b) to raise loans in the
name of the Realm;
c) to supervise the monetary
affairs of the Realm;
d) to appropriate the moneys
necessary to meet government expenditure;
e) to decide how much shall
be paid annually to the King for the Royal Household, and to determine
the Royal Family's appanage which may not, however, consist of real
property;
f) to have submitted to it
the records of the Council of State, and all public reports and
documents;
g) to have communicated to
it the conventions and treaties which the King, on behalf of the State,
has concluded with foreign powers;
h) to have the right to require
anyone, the King and the Royal Family excepted, to appear before it on
matters of State; the exception does not, however, apply to the Royal
Princes
if they hold any public office;
i) to review the provisional
lists of salaries and pensions and to make therein such alterations as
it deems necessary;
j) [repealed]
k) to appoint five auditors,
who shall annually examine the State Accounts and publish extracts of
the
same in print, for which purpose the Accounts shall be submitted to the
auditors within six months of the end of the year for which the
appropriations
of the Storting have been made, and to adopt provisions concerning the
procedure for authorizing the accounts of government accounting
officials;
l) to appoint a person, not
a member of the Storting, in a manner prescribed by law, to supervise
the
public administration and all who work in its service, to assure that
no
injustice is done against the individual citizen;
m) to naturalize aliens.chanrobles virtualawlibrary
Article 76
Every Bill shall first be
proposed in the Odelsting, either by one of its own Members, or by the
government through a Member of the Council of State.
If the Bill is passed, it
is sent to the Lagting, which either approves or rejects it, and in the
latter case returns it with appended comments. These are taken into
consideration
by the Odelsting, which either shelves the bill or again sends it to
the
Lagting,with or without alteration.
When a Bill from the Odelsting
has twice been presented to the Lagting and has been returned a second
time as rejected, the Storting shall meet in plenary session, and the
bill
is then decided by a majority of two thirds of its votes.
Between each such deliberation
there shall be an interval of at least three days.
Article 77
When a Bill passed by the
Odelsting has been approved by the Lagting or by the Storting in
plenary
session, it is sent to the King, with a request that it may receive the
Royal Assent.
Article 78
If the King assents to the
Bill, he appends his signature, whereby it becomes law.
If he does not assent to
it, he returns it to the Odelsting with a statement that he does not
for
the time being find it expedient to sanction it. In that case the Bill
must not again be submitted to the King by the Storting then assembled.
Article 79
If a Bill has been passed
unaltered by two sessions of the Storting, constituted after two
separate
successive elections and separated from each other by at least two
intervening
sessions of the Storting, without a divergent Bill having been passed
by
any Storting in the period between the first and last adoption, and it
is then submitted to the King with a petition that His Majesty shall
not
refuse his assent to a Bill which, after the most mature deliberation,
the Storting considers to be beneficial, it shall become law even if
the
Royal Assent is not accorded before the Storting
goes into recess.
Article 80
The Storting shall remain
in session as long as it deems it necessary and shall terminate its
proceedings
when it has concluded its business.
In accordance with the rules
of procedure adopted by the Storting, the proceedings may be resumed,
but
they shall terminate not later than the last Sunday in the month of
September.
Within this time the King
shall communicate his decision with regard to the Bills that have not
already
been decided (cf. Articles 77 to 79), by either confirming or rejecting
them. All those which he does not expressly accept are deemed to have
been
rejected by him.
Article 81
All Acts (with the exception
of those mentioned in Article 79) are drawn up in the name of the King,
under the seal of the Realm of Norway, and in the following terms;
«We,
X, make it publicly known: that the decision of the Storting of the
date
stated has been laid before Us: (here follows the decision). In
consequence
whereof We have assented to and confirmed, as We hereby do assent to
and
confirm the same as Law under Our Hand and the Seal of the Realm.»
Article 82[Repealed]
Article 83
The Storting may obtain the
opinion of the Supreme Court on points of law.
Article 84
The Storting shall meet in
open session, and its proceedings shall be published in print, except
in
those cases where a majority decides to the contrary.
Article 85
Any person who obeys an order,
the purpose of which is to disturb the liberty and security of the
Storting,
is thereby guilty of treason against the Country.
D. The Judicial Power
Article 86
The Court of Impeachment
pronounces judgment in the first and last instance in such proceedings
as are brought by the Odelsting against Members of the Council of
State,
or of the Supreme Court or of the Storting, for criminal offences which
they may have committed in their official capacity.
The specific rules concerning
indictment by the Odelsting in accordance with this Article shall be
determined
by law. However, the limitation period for the institution of
indictment
proceedings before the Court of Impeachment may not be set at less than
15 years.
The permanent Members of
the Lagting and the permanently appointed Members of the Supreme Court
are judges of the Court of Impeachment. The provisions contained in
Article
87 shall apply to the composition of the Court of Impeachment in the
particular
case. In the Court of Impeachment the President of the Lagting shall
preside.
Any person sitting in the
Court of Impeachment as a Member of the Lagting shall not resign from
the
Court if the period for which he is elected as a representative to the
Storting expires before the Court of Impeachment has concluded the
trial
of the case. If he ceases, for any other reason, to be a Member of the
Storting, he shall resign as a judge of the Court of Impeachment. The
same
applies if a Justice of the Supreme Court, who is a Member of the Court
of Impeachment, retires as a Member of the Supreme Court.
Article 87
The accused and the person
acting on behalf of the Odelsting in the proceedings have the right to
challenge as many Members of the Lagting and of the Supreme Court as
will
leave remaining fourteen Members of the Lagting and seven Members of
the
Supreme Court as judges in the Court of Impeachment. Each party in the
proceedings may challenge an equal number of the Members of the
Lagting,
although the accused has the preferential right to challenge one more,
if the number to be challenged is not divisible by two. The same shall
apply to the challenging of the Members of the Supreme Court. If there
are several accused in such proceedings,
they exercise the right of challenge collectively in accordance with
rules
prescribed by law. If the right of challenge is not exercised to the
extent
permitted, as many Members of the Lagting and of the Supreme Court as
are
in excess of fourteen and seven respectively retire following the
drawing
of lots.
When the case comes up for
judgment, as many judges of the Court of Impeachment shall retire
following
the drawing of lots that the Court due to render judgment is left with
fifteen Members, of whom at most ten are Members of the Lagting and
five
Justices of the Supreme Court.
The President of the Court
of Impeachment and the President of the Supreme Court shall in no case
retire following the drawing of lots.
If the Court of Impeachment
cannot be composed of as many Members of the Lagting or of the Supreme
Court as prescribed above, the case may nevertheless be tried and
judgment
rendered, provided that the Court numbers at least ten judges.
Specific provisions as to
the procedure to be followed in the composition of the Court of
Impeachment
shall be laid down by law.
Article 88
The Supreme Court pronounces
judgment in the final instance. Nevertheless, limitations on the right
to bring a case before the Supreme Court may be prescribed by law.
The Supreme Court shall consist
of a President and at least four other Members.
Article 89[Repealed]
Article 90
The judgments of the Supreme
Court may in no case be appealed.
Article 91
No one may be appointed a
member of the Supreme Court before reaching 30 years of age.
E. General
provisions
Article 92
To senior official posts
in the State may be appointed only Norwegian citizens, men or women,
who
speak the language of the Country, and who at the same time
a) either were born in the
Realm of parents who were then subjects of the State;
b) or were born in a foreign
country of Norwegian parents who were not at that time subjects of
another
State;
c) or hereafter have resided
for ten years in the Realm;
d) or have been naturalized
by the Storting.chanrobles virtualawlibrary
Others may, however, be appointed
as teachers at the university and institutions of higher learning, as
medical
practitioners and as consuls in places abroad.
Article 93
In order to safeguard international
peace and security or to promote the international rule of law and
cooperation
between nations, the Storting may, by a three-fourths majority, consent
that an international organization to which Norway adheres or will
adhere
shall have the right, within objectively defined fields, to exercise
powers
which in accordance with this Constitution are normally vested in the
Norwegian
authorities, although not the power to alter this Constitution. For the
Storting to grant such consent, at least two thirds of the Members of
the
Storting shall be present, as required for proceedings for amending the
Constitution.
The provisions of this Article
do not apply in cases of membership in an international organization,
whose
decisions only have application for Norway purely under international
law.
Article 94
The first, or if this is
not possible, the second ordinary Storting, shall make provision for
the
publication of a new general civil and criminal code. However the
currently
applicable laws of the State shall remain in force, provided they do
not
conflict with this Constitution or with such provisional ordinances as
may be issued in the meantime.
The existing permanent taxes
shall likewise remain operative until the next Storting.
Article 95
No dispensations, protection
from civil arrest, moratoriums or redresses may be granted after the
new
general code has entered into force.
Article 96
No one may be convicted except
according to law, or be punished except after a court judgment.
Interrogation
by torture must not take place.
Article 97
No law must be given retroactive
effect.
Article 98
When special fees are paid
to officials of the Courts of Justice, no further payment shall be made
to the Treasury in respect of the same matter.
Article 99
No one may be taken into
custody except in the cases determined by law and in the manner
prescribed
by law. For unwarranted arrest, or illegal detention, the officer
concerned
is accountable to the person imprisoned.
The Government is not entitled
to employ military force against citizens of the State, except in
accordance
with the forms prescribed by law, unless any assembly disturbs the
public
peace and does not immediately disperse after the Articles of the
Statute
Book relating to riots have been read out clearly three times by the
civil
authority.
Article 100
There shall be liberty of
the Press. No person may be punished for any writing, whatever its
contents,
which he has caused to be printed or published, unless he wilfully and
manifestly has either himself shown or incited others to disobedience
to
the laws, contempt of religion, morality or the constitutional powers,
or resistance to their orders, or has made false and defamatory
accusations
against anyone. Everyone shall be free to speak his mind frankly on the
administration of the State and on any other subject whatsoever.
Article 101
New and permanent privileges
implying restrictions on the freedom of trade and industry must not in
future be granted to anyone.
Article 102
Search of private homes shall
not be made except in criminal cases.
Article 103
Asylum for the protection
of debtors shall not be granted to such persons as hereafter become
bankrupt.
Article 104
Land and goods may in no
case be made subject to forfeiture.
Article 105
If the welfare of the State
requires that any person shall surrender his movable or immovable
property
for the public use, he shall receive full compensation from the
Treasury.
Article 106
The purchase money, as well
as the revenues of the landed property constituting ecclesiastical
benefices,
shall be applied solely to the benefit of the clergy and to the
promotion
of education. The property of charitable institutions shall be applied
solely to the benefit of the institutions themselves.
Article 107
Allodial right and the right
of primogeniture shall not be abolished. The specific conditions under
which these rights shall continue for the greatest benefit of the State
and to the best advantage of the rural population shall be determined
by
the first or second subsequent Storting.
Article 108
No earldoms, baronies, entailed
estates or fideicommissa may be created in the future.
Article 109
As a general rule every citizen
of the State is equally bound to serve in the defence of the Country
for
a specific period, irrespective of birth or fortune.
The application of this principle,
and the restrictions to which it shall be subject, shall be determined
by law.
Article 110
It is the responsibility
of the authorities of the State to create conditions enabling every
person
capable of work to earn a living by his work.
Specific provisions concerning
the right of employees to co-determination at their work place shall be
laid down by law.
Article 110 a
It is the responsibility
of the authorities of the State to create conditions enabling the Sami
people to preserve and develop its language, culture and way of life.
Article 110 b
Every person has a right
to an environment that is conducive to health and to natural
surroundings
whose productivity and diversity are preserved. Natural resources
should
be made use of on the basis of comprehensive long-term considerations
whereby
this right will be safeguarded for future generations as well.
In order to safeguard their
right in accordance with the foregoing paragraph, citizens are entitled
to be informed of the state of the natural environment and of the
effects
of any encroachments on nature that are planned or commenced.
The State authorities shall
issue further provisions for the implementation of these principles.
Article 110 c
It is the responsibility
of the authorities of the State to respect and ensure human rights.
Specific
provisions for the implementation of treaties hereof shall be
determined
by law.
Article 111
The form and colours of the
Norwegian Flag shall be determined by law.
Article 112
If experience shows that
any part of this Constitution of the Kingdom of Norway ought to be
amended,
the proposal to this effect shall be submitted to the first, second or
third Storting after a new General Election and be publicly announced
in
print. But it shall be left to the first, second or third Storting
after
the following General Election to decide whether or not the proposed
amendment
shall be adopted. Such amendment must never, however, contradict the
principles
embodied in this Constitution, but solely relate to modifications of
particular
provisions which do not alter the spirit of the Constitution, and such
amendment requires that two thirds of the Storting agree thereto.
An amendment to the Constitution
adopted in the manner aforesaid shall be signed by the President and
the
Secretary of the Storting, and shall be sent to the King for public
announcement
in print, as an applicable provision of the Constitution of the Kingdom
of Norway. |