Keith Mack
The Norwegian Constitution, adopted on 17 May 1814, outlines the powers of the King of Norway. While the King can issue and repeal ordinances relating to commerce, customs, livelihoods, and public regulation, these must not conflict with the Constitution or laws passed by the Storting (the Norwegian legislature). The King is also required to take an oath before the Storting, swearing to govern the Kingdom of Norway in accordance with its Constitution and laws. In addition, members of the Council of State have a duty to remonstrate against any of the King's decisions that conflict with the form of government or the laws of the realm. So, while the King of Norway does have some powers to influence laws, these powers are limited and constrained by the Constitution and the Storting.
| Characteristics | Values |
|---|---|
| Can the King of Norway overrule laws? | No |
| Does the King have a role in the law-making process? | Yes, the King has to give his royal assent for a bill to become a law. |
| Can the King withhold assent? | Yes, the King can withhold assent if the bill conflicts with the Constitution or with the laws passed by the Storting. |
| Does the King have any other powers? | The King may issue and repeal ordinances relating to commerce, customs, all livelihoods and public regulation. |
| Who is the head of the Church of Norway? | The King. |
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What You'll Learn
The Norwegian king's power to issue and repeal ordinances
The Norwegian Constitution of 17 May 1814 is the highest level of law in Norway. The King of Norway has the power to issue and repeal ordinances relating to commerce, customs, all livelihoods, and public regulation. However, these ordinances must not conflict with the Constitution or the laws passed by the Storting (the Norwegian legislature).
Upon acceding to the government, the King of Norway is required to take an oath before the Storting, swearing to govern the Kingdom of Norway in accordance with its Constitution and laws. This limits the King's power to issue and repeal ordinances as he sees fit. If a member of the Council of State believes that the King's decision conflicts with the form of government or the laws of the realm, they have a duty to remonstrate against it and record their opinion.
The Norwegian monarchy is a constitutional monarchy, which means that the King's powers are limited by the Constitution. The King cannot make laws that contradict the Constitution or the laws passed by the Storting. The Storting is responsible for electing trustees to conduct the government on behalf of the King during his minority.
Norway's legal system is a civil law system, with the Supreme Court as the highest court in the nation. The Constitution of Norway was adopted on 16 May 1814 by the Norwegian Constituent Assembly at Eidsvoll. It established the Church of Norway as the official state-supported church, with provisions for equal support for all religious and belief communities.
In addition to the Norwegian Constitution, international sources of law, such as the Human Rights Act and the EEA Acts, also influence the interpretation and application of Norwegian law. The King's power to issue and repeal ordinances must also consider these international obligations, which take precedence over conflicting national legislation.
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The Norwegian king's inability to override the Constitution
In Norway, the King is not above the Constitution. The Constitution of Norway, adopted on 16 May 1814, is the highest level of law in the country, with all other statutes and regulations subordinate to it.
When the King accedes to the Government, he is required to take an oath before the Storting (the Norwegian legislature), swearing to "govern the Kingdom of Norway in accordance with its Constitution and Laws". This oath is also taken by the Princess or Prince who conducts the Government in the King's minority.
While the King may issue and repeal ordinances relating to commerce, customs, livelihoods, and public regulation, these must not conflict with the Constitution or laws passed by the Storting. If a member of the Council of State believes that the King's decision conflicts with the form of government or the laws of the realm, they have a duty to remonstrate against it and record their opinion.
Norway is a constitutional monarchy, and while the King has a role in the legislative process, requiring his assent for a bill to become law, he cannot override the Constitution or the laws passed by the Storting. The King's role is primarily ceremonial, and the power to govern lies with the Storting and the Council of State.
Furthermore, international obligations, such as the Human Rights Act and the EEA Acts, take precedence over conflicting national legislation in Norway, further emphasising the primacy of laws and treaties over the monarch's power.
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The Norwegian king's duty to uphold religious and belief communities
The Norwegian king's duties and powers regarding religious and belief communities are outlined in the country's constitution. Norway is a constitutional monarchy, with the king as the head of state. While the king has no official role in the Church of Norway, he is required by the constitution to be a member of the Evangelical-Lutheran church. The constitution also establishes that all individuals have the right to freely exercise their religion, and the government generally supports the free practice of religion.
The king's role in the legislative process is largely ceremonial. He ratifies laws and royal resolutions and has the power to veto any law, although this power has not been exercised since the dissolution of the union with Sweden. The king must sign all laws for them to become valid, and he can issue and repeal ordinances relating to commerce, customs, livelihoods, and public regulation, as long as they do not conflict with the constitution or laws passed by the Storting (the Norwegian parliament).
The king's duties regarding religious and belief communities are primarily focused on ensuring freedom of religion and equal support for all communities. The constitution states that all religious and belief communities should be supported on equal terms, and the government provides funding to religious organizations and anti-discrimination programs. The penal code specifies penalties for discrimination based on religion and expressions of disrespect for religious beliefs or members of religious groups.
The king also has a symbolic role as the supreme commander of the Norwegian Armed Forces and the Grand Master of the Royal Norwegian Order of St. Olav and of the Royal Norwegian Order of Merit. Additionally, he is required to take an oath to uphold the constitution and laws of the country.
In summary, the Norwegian king's duty to uphold religious and belief communities is primarily focused on ensuring freedom of religion and equal support for all communities, with the power to veto laws that may conflict with these principles. The king's role is largely ceremonial, and he serves as a symbol of national unity and the continuity of the monarchy.
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The Norwegian king's role in the legislative process
The Norwegian king plays a formal role in the legislative process, with the power to issue and repeal ordinances relating to commerce, customs, livelihoods, and public regulation. However, these ordinances must not conflict with the constitution or laws passed by the Storting (the Norwegian legislature). The king's role in the legislative process is outlined in the Constitution of the Kingdom of Norway, which was adopted on May 17, 1814.
According to the constitution, the king must take an oath before the Storting to govern the kingdom in accordance with its constitution and laws. This oath underscores the king's duty to uphold and respect the laws of the land. Additionally, members of the Council of State have a responsibility to ensure the king's decisions align with the government's form and the laws of the realm. They are empowered to voice strong opposition and record their opinions if they believe the king's decision conflicts with the established laws.
The king's role in the legislative process includes the power to withhold royal assent from any bill passed by the Storting. Royal assent is the monarch's formal approval of an act of the legislature, and it is a step in the legislative process in several monarchies, including Norway. While the king can withhold assent, he cannot unilaterally override laws passed by the Storting. Norway's legislative process reflects a balance between the monarch's role and the authority of the elected legislature.
Historically, Norway's legal system has been influenced by its monarchs. For example, King Magnus VI, known as the Law Mender, united the kingdom under a common law known as the Code of the Realm in 1274. This code laid the foundation for Norway's rule of law and the concept of popular co-determination. It remained in force for over 400 years and was considered fair and effective, contributing to Norway's pioneering status in legal matters.
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The Norwegian king's role in the government during his minority
During a king's minority, the Storting, or Norwegian parliament, elects trustees to conduct the government on his behalf. The prince or princess who conducts the government during this time must take an oath before the Storting, swearing to govern in accordance with the Constitution and the laws of the realm. This arrangement ensures that the government can continue to function effectively even during the king's minority, and it underscores the importance of the Storting in the Norwegian political system.
Historically, the role of the Norwegian king has been subject to various influences and changes. For example, during the civil war era, unclear succession laws and power-sharing between multiple kings led to conflicts and instability. The Black Death in the 14th century also contributed to the decline of the Norwegian monarchy, as noble families and the general population were severely affected. In the 16th century, a power struggle between the Norwegian nobles and the king, coupled with the struggle against Danish dominance and the Protestant Reformation, further weakened the monarchy.
Despite these challenges, the Norwegian monarchy has also played a significant role in shaping the country's laws and governance. For example, King Magnus VI, also known as Magnus the Law Mender, introduced the Code of the Realm in 1274, uniting the entire Norwegian kingdom under one common law. This code remained in force for over 400 years and laid the foundation for Norway's rule of law and the concept of popular co-determination.
In modern times, the king's role in the government is largely symbolic, with actual legislative and executive powers resting with the country's elected bodies. However, the king still has some important responsibilities, such as issuing and repealing ordinances relating to commerce, customs, livelihoods, and public regulation, although these must not conflict with the Constitution or laws passed by the Storting. Overall, the Norwegian king's role during his minority is one of representation and continuity of government, with the Storting playing a crucial role in ensuring the country's governance.
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Frequently asked questions
The King of Norway can issue and repeal ordinances relating to commerce, customs, all livelihoods and public regulation. However, these must not conflict with the Constitution or with the laws passed by the Storting. The King also has the right to withhold royal assent from any bill passed by the Storting.
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, it is their duty to make strong remonstrances against it and enter their opinion in the records.
Yes, as soon as the King accedes to the Government, he must take an oath before the Storting, swearing to govern the Kingdom of Norway in accordance with its Constitution and Laws.
