Judicial Review in Norway

European Union Law

Judicial Review in Norway

By Anine Kierulf
Cambridge University Press August 2019

Specifications

ISBN-13
9781108445429
Publisher
Cambridge University Press
Publication
August 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights. Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight?

Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Table of Contents

1. Introduction:
1.1. Background and Context
1.2. Norway in a Nutshell
1.3. Review under the Constitution - and the ECHR
1.4. Book Structure and Terminology
2. Legal Foundations and Doctrinal specifics:
2.1. Introduction
2.2. The Norwegian Supreme Court
2.3. The Form of and basis for Constitutional Review
2.4. The Basis for ECHR Review
3. Foundations Reviewed: The formative 1800S:
3.1. Outline of a Nation Constituted
3.2. Courts, Lawyers and Background for Judicial Review
3.3. On not Losing Sight of [some] Individuals
3.4. Review Discussions Prior to the 1866 Case
3.5. The 1866 Case
3.6. Arguments Following 1866
3.7. Liberal Constitutionalism Defined
4. The Emerging Regulatory State and a Constitutional Watershed (Early 1900S)
4.1. Constitutional Questions Arising - and Discussed
4.2 The Waterfall Case
4.3. Legal opinions of 1912 and 1916
4.4. Legal Opinions Following the 1918 Case
4.5. Parliamentary Debates on Review Abolishment
4.6.Constitutional Case Adjourned
5. Post WWII: Social Democratic Constitutionalism?:
5.1. Introduction: Review Revival
5.2. Occupation and Post-War Adjudication
5.3. Regulatory Reconstruction
5.4. Law, Politics and History
5.5. Conquer and Divide - Preparing the Expropriation Statute
5.6. The Klofta Case
5.7. Klofta Case Follow up
5.8. Judicial Review Confirmed
6. Debates of ECHR Review (1950-2000):
6.1. Introduction
6.2. "Original Intent"
6.3. On ECHR Review Prior to the HRA - The Doctrine of Clarity
6.4. Preparations for the Human Rights Act of 1999
6.5. The Power and Democracy Project
6.6 Post-National Constiutionalism?
7. Dual Review Expressed (2000-2010):
7.1. Basis and Case Selection
7.2. Speech V. Personality Rights: Reputation
7.3.Speech vs. Policy: Political Advertising
7.4. Free Speech Review: A Synthesis of Ideals?
8. A Triple Constitutional Review Revival: 2010:
8.1. Prelude
8.2.
2010 Cases
8.3.
2010 Cases Debate and Follow up
8.4. Constitutional Review Reflections
9.
2014-2015: Rights Reform - and Judicial Review Constitutionalization
9.1. The 2014 Constitutional Reform
9.2. Judicial Review Constitutionalization
9.3. Constitutional Revitalization
9.4. Dual Review Constitutionalized
10. Looking Back - and Forward:
10.1. Legitimacy Ideals Disentangled
10.2. Political Review Challenges
10.3. Judicial Review Challenges
10.4. A Bicentennial Debate.
HKD 428.74 −3%
HKD 442.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from European Union Law

View all
Tectonic Shifts of European Integration: Identifying Deliberation and Change in the Everyday Practice of Decision Making in EU's Justice and Home Affairs
Eleven International Publishing

Tectonic Shifts of European Integration: Identifying Deliberation and Change in the Everyday Practice of Decision Making in EU's Justice and Home Affairs

Santo Lo Bianco
Equality and Non-Discrimination in the EU: The Foundations of the EU Legal Order
Edward Elgar Publishing

Equality and Non-Discrimination in the EU: The Foundations of the EU Legal Order

Giovanni Zaccaroni
HKD 1,273.61
Proportionality of Criminal Penalties in EU Law
Hart Publishing

Proportionality of Criminal Penalties in EU Law

Stefano Montaldo; Valsamis Mitsilegas; Lorenzo Grossio
HKD 1,134.90
Civil Procedure in Denmark 3rd Edition
Kluwer Law International

Civil Procedure in Denmark 3rd Edition

Erik Werlauff
EU Investor Protection Regulation and Liability for Investment Losses: A Comparative Analysis of the Interplay between MiFID & MiFID II and Private Law
Springer International

EU Investor Protection Regulation and Liability for Investment Losses: A Comparative Analysis of the Interplay between MiFID & MiFID II and Private Law

Marnix Wallinga
HKD 1,462.00
The EU and Constitutional Time: The Significance of Time in Constitutional Change
Edward Elgar Publishing

The EU and Constitutional Time: The Significance of Time in Constitutional Change

Massimo Fichera
HKD 1,109.68