Iris Nguyên-Duy, Dept. Of Public and International law
Introduction to the Norwegian
Legal System
(Autumn 2011)
Outline of the lectures in constitutional law
• Lecture 1 (15.9): The Main Characteristics of
the Norwegian System of Government
• Lecture 2 (22.9): Norway and European
Integration – A Constitutional Perspective
• Lecture 3 (29.9): The Judiciary and Judicial
Review
• Lecture 4 (13.10): The protection of human
rights in Norwegian law.
The Main Characteristics of the
Norwegian System of Government
I. The separation of powers in Norway
(summary)
II. The Parliament
III. The Executive
IV.Parliamentarism in Norway
V. Other aspects of the relationship between
Parliament and Government
I. The separation of powers
II. The Parliament
1. Elections
2. Composition
and
organisation
3. Functions
4. Procedures
http://www.flickr.com/photos/43625496@N00/76285775/ by
slugrubug
II. The Parliament
1. Elections
169 MPs
(since 2005)
Political parties (2009)
Mandatfordeling_stortingsvalget_2009.svg (wiki, røed)
1.Labour Party [AP] (64)
2.Progress Party [FrP] (41)
3.Conservative Party [Høyre]
(30)
4.Socialist Left Party [SV]
(11)
5.Center Party [Sp] (11)
6.Christian Democratic Party
[KrF] (10)
7.Liberal Party [V] (2)
II. The Parliament
1. Elections
Source: Wikipedia; Authors: Júlio Reis and João David
Tereso
II. The Parliament
2. Composition and organisation
a. Monocamerism: From two Chambers to one
b. The organisation of the Storting
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The Presidium
The Standing Committees (12)
Other committees (4)
The administration of the Storting
Parliamentary Party Groups
II. The Parliament
2. Composition and organisation
The Standing Committees
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Business and Industry - Aasland, TerjeTerje Aasland, Labour
Education, Research and Church Affairs - Aasen, MarianneMarianne Aasen, Labour
Energy and the Environment - Sande, ErlingErling Sande, Centre
Family and Cultural Affairs - Gjul, Gunn KarinGunn Karin Gjul, Labour
Finance and Economic Affairs - Micaelsen, TorgeirTorgeir Micaelsen, Labour
Foreign Affairs and Defence - Søreide, Ine Marie EriksenIne Marie Eriksen Søreide,
Conservative
Health and Care Services - Høie, BentBent Høie, Conservative
Justice - Sandberg, PerPer Sandberg, Progress
Labour and Social Affairs - Eriksson, Robert- Robert Eriksson, Progress
Local Government and Public Administration - Holmås, Heikki- Heikki Holmås
Socialist, Left
Scrutiny and Constitutional Affairs - Anundsen, Anders- Anders Anundsen, Progress
Transport and Communications - Hareide, Knut Arild- Knut Arild Hareide, Christian
Democratic
II. The Parliament
2. Composition and organisation
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The Enlarged Committee on Foreign Affairs consists of members of the
Standing Committee on Foreign Affairs and Defence, the presidium and the
parliamentary leaders. The committee discusses important issues related to
foreign affairs, trade policy and national safety with the government.
Discussions are confidential.
The European Committee consists of the members of the Standing
Committee on Foreign Affairs and Defence and the parliamentary delegation
to the European Economic Area (EEA) and the European Free Trade Area
(EFTA). The committee conducts discussions with the government regarding
directives from the European Union.
The Election Committee consists of 37 members, and is responsible for
internal elections within the parliament, as well as delegating and negotiating
party and representative allocation within the presidium, standing committees
and other committees.
The Preparatory Credentials Committee has 16 members and is
responsible for approving the election.
II. The Parliament
3. Functions
The parliament has three main functions or powers:
– The legislative power
– The budgetary power
– The supervisory (control) power
Parliamentary delegations established by the Storting:
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The Delegation for Arctic Cooperation
The Delegation for Relations with the European Parliament
The Delegation to EFTA and EEA Parliamentary Committees
The Delegation to the Assembly of the Western European Union
The Delegation to the Inter-Parliamentary Union
The Delegation to the NATO Parliamentary Assembly
The Delegation to the OSCE Parliamentary Assembly
The Norwegian delegation to the Parliamentary Assembly of the Council of Europe
The Storting's Delegation to the Nordic Council
II. The Parliament
4. Procedures
THE LEGISLATIVE PROCEDURE
1.
2.
3.
4.
The initiative stage
The proposition to the Storting (Bill)
The committee stage
Consideration in plenary session
1.
2.
3.
First reading of the Bill
Second reading of the Bill
Eventual third reading of the Bill
5. The intervention of the King in Council
II. The Parliament – The legislative procedure (stortinget.no)
II. The Parliament
4. Procedures – The vote of the budget
The Government’s proposition
Party work on the fiscal budget
The Presidium’s task
The Budget Recommendation of the Standing
Committee on Finance
5. The annual budget debate in the Storting and the vote of
the Storting’s Resolution on budget ceilings
6. Work in standing committees
7. Debate and vote in the Storting of the final budget
resolution
1.
2.
3.
4.
III. The Executive
1.
2.
3.
The “Executive”: The King and the Cabinet (Kongen og
regjeringen)
a. The King – The Head of State
b. The Cabinet / the Government
The administration (forvaltningen)
a. The central administration
b. The regional administration
A short overview of the “upstream” and “downstream”
functions of the Executive
a. “Upstream” functions
b. “Downstream” functions
c. Royal Prerogatives (kongelige prerogativer)
III. The Executive
1. The King
King Harald V
Source:
http://www.kongehuset.no/aim/kongehuset/16/54/
storage/file.image.jpg/Scale?geometry=372%3Ex
454%3E
III: The Executive - 2. The Government
Government Stoltenberg II
Source: http://www.regjeringen.no/upload/SMK/Portrettbilde/regjeringen/Regjeringen-p%C3%A5Slottsplassen-20.10.09_540x270_fotoScanpix.jpg
III. The Executive – The Government
A.
B.
C.
D.
Composition
The Norwegian Council of State – The ”King in Council”
Government conferences
Documents published by the Government or the Ministries
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Draft resolutions and bills (Prop.)
White papers (Meld.St.)
[Acts and] regulations (forskrift)
Circular (rundskriv)
Norwegian Official Reports (NOU)
Reports and plans
Guidelines and brochures
III. The Executive
A. The ”upstream” functions
B. The ”downstream” functions
C. The royal prerogatives
We can distinguish between:
• Political prerogatives: articles 12, 18, 19, 20, 21, 22, 25,
26 of the Constitution
• Personal prerogatives: articles 23, 24, 36 of the
Constitution.
IV. Parliamentarism in Norway
1. Negative parliamentarism in Norway
a. Positive parliamentarism
b. Negative parliamentarism
c. Contract parliamentarism
d. Minority parliamentarism
e. Majority parliamentarism
2. The main characteristics of Norwegian
parliamentarism before and after 2007/2009
3. Consequences
V. Other aspects of the relationship between
Parliament and Government
1. Parliamentary control or supervision of the
Executive: Other kinds of control
a. Debates
b. Questions and interpellations (spørsmål og interpellasjoner)
c. The Committee on Scrutiny and Constitutional Affairs, and other
Standing Committees
d. The Office of the Auditor General (Riksrevisjonen)
e. The Parliamentary Ombudsman (Stortingets ombudsmann or
sivilombudsmann)
f. Review of treaties and cooperation agreements
g. Riksretten [ See Lecture 3.]
2. Delegated legislation