Judicial Review in Norway

A Bicentennial Debate

By: Anine Kierulf

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Paperback | 8 August 2019

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326 Pages

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15.2 x 22.8 x 2.1

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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 (ECHR). 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.

Industry Reviews

'Brilliant and comprehensive, Judicial Review in Norway is a major contribution to constitutional theory. ... Kierulf has a terrific understanding of democratic theory and constitutionalism, and her analysis of Norwegian constitutional law tells us a great deal about both. A tremendous achievement.' Cass R. Sunstein, Robert Walmsley University Professor, Harvard University
'The Norwegian Supreme Court acted in the 1800s as a European pioneer of judicial review, and the Parliament of 2015 incorporated the principle into the written Constitution. This penetrating analysis of the bicentennial road, by a brilliant young legal thinker, should be a classic in the literature on a burning issue in democratic societies.' Carsten Smith, former President of the Supreme Court of Norway
'This impressive book answers some of the questions I had all along. The relationship between democracy and the rule of law is a debate that is very much at the center of German constitutional discourse, particularly at a time in which constitutional review has come under severe stress not only in Eastern Europe but also the United States.' Andreas Paulus, Institute of International and European Law

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