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Constitutional Law and Human Rights: free practice, theory and problems
The Constitution of 1814 is Norway's highest law. It divides power between three branches, so that no one gets too much power alone.
Contents
1. The Constitution and separation of powers
What is it about?
The Constitution of 1814 is Norway's highest law. It divides power between three branches, so that no one gets too much power alone.
Key concepts and rules
- Parliament (Stortinget) holds the legislative power and grants money (the budget). It has 169 members (Article 57) and is elected every 4 years (Article 54).
- The Government (formally the King in Council) holds the executive power: it runs the administration and issues regulations.
- The courts hold the judicial power. They can set aside statutes that conflict with the Constitution (judicial review, Article 89).
- Parliamentarism (Article 15): the Government must resign if Parliament passes a vote of no confidence.
- The Constitution is amended under Article 121: proposal in one term, adoption in the next, with a two-thirds majority.
- Important rights: no retroactive laws (Article 97), freedom of expression (Article 100), privacy (Article 102), the environment (Article 112).
Example
Parliament passes a statute making an act punishable from last year. The courts can refuse to apply it because it conflicts with Article 97.
Practise the Constitution and separation of powers in the app →
2. Human rights and the EEA
What is it about?
Norwegian law is strongly shaped by international rules. Human rights protect the individual against the state, and the EEA Agreement gives common rules for trade in Europe.
Key concepts and rules
- Constitution Article 92: the authorities must respect and ensure human rights.
- Human Rights Act section 3: five conventions (including the ECHR and the Convention on the Rights of the Child) apply as Norwegian law and prevail over other statutes in a conflict.
- The ECHR (European Convention on Human Rights) is enforced by the ECtHR in Strasbourg.
- EEA Act section 2: EEA rules implemented in Norwegian law prevail over other statutes in a conflict.
- The EFTA Court interprets the EEA Agreement for Norway, Iceland and Liechtenstein.
- Dualism: a treaty does not automatically apply as Norwegian law. It must be implemented, either by incorporation (reference) or transformation (rewriting).
Example
A statutory rule conflicts with ECHR Article 8 on privacy. Under section 3 of the Human Rights Act, the ECHR prevails.
Example problems with solutions
Here are some of the problems in constitutional Law and Human Rights. In the app, calculation problems get new numbers every time, so you can practise until it sticks – and take a graded practice exam before the real one.
The Constitution and separation of powers: How many members does Parliament (Stortinget) have?
Answer: 169
Constitution Article 57: 169 members.
Human rights and the EEA: Which statute gives the ECHR priority over other Norwegian statutes?
Answer: The Human Rights Act section 3
The Human Rights Act section 3.
The Constitution and separation of powers: How often are parliamentary elections held?
Answer: 4 years
Every 4 years, and Parliament cannot be dissolved.
Human rights and the EEA: Where is the European Court of Human Rights?
Answer: Strasbourg
The ECtHR sits in Strasbourg.