© det juridiske fakultet universitetet i oslo the constitution making process and content in 1814...

© DET JURIDISKE FAKULTET

UNIVERSITETET I OSLO

The Constitution Making Process and Content in 1814

Ola MestadProfessor dr. juris

Chair of the Norwegian Research Committee for the Constitution Bicentennial

The Norwegian Constitution at 200 Years IITârgoviște, 1 – 4 August 2014



Chronology of 1814• 14 January Treaty of Kiel• 16 Feb Meeting of high ranking men at Eidsvoll• 10 April – 20 May The Constitutional Assembly at

Eidsvoll• 17 May - The Constitution adopted

– Prince Christian Frederik offered the Norwegian Crown

• End July / Early August Swedish-Norwegian War• 14 August The Moss Convention on armistice• 7 Oct - 26 Nov The extraordinary Storting • 4 Nov Carl 13 of Sweden elected King of Norway



The peoples’s Oath of Independence• After the Meeting of high ranking men at

Eidsvoll 16 – 17 February• All priests were instructed to make people

in Church swear an oath to Norwegian independence

– ”with life and blood’”

• Part of the instructions sent out by Christian Frederik on 19 April

• What was the idea of such an oath?



International Relations - Britain• In Christian Frederik’s strategy, Britain was the

most important power to convince• He sent his close associate Carsten Anker to

London• Anker talked to the government and the

opposition– But met many difficulties

• The discussion in Parliament 10 May 1814• Lord Grey’s speech (from the opposition)• The government held on to its treaty obligations



Elections to the Constitutional Assembly• Three types of communities would elect

representatives• The counties

– 3 representatives each– At least one peasant from each county

• The cities and towns– According to population

• The army and the navy– One high officer and one private from each regiment

• No one from Northern Norway made it to Eidsvoll



Preparations of Drafts• Several more or less complete drafts were

prepared• The most important one by Christian

Magnus Falsen and Johan Gunder Adler– Built on international examples, especially the United

States

• Christian Frederik also asked some men to prepare drafts

• Public competition for drafts– No success



Constitutional Assembly at Eidsvoll 10 April – 20 May• Civil servants, city burghers, farmers, military

– The Regent Christian Frederik present at Eidsvoll most of the time, but not participating in the meetings

• The Constitution Committtee wrote the main principles and the final drafts

• Christian Magnus Falsen was the leader of the committee and partly president of the assembly

• Formation of the Constitution a collective process

– The adopted Constitution more radical taht any of the drafts

• Strong disagreements on several issues



The 11 main principles: State organisation• 1. «Norway shall be a limited and inheritable

Monarchy; it shall be a free, independent and inseparable realm, and the regent shall be titled King»

• 2 and 3. The people shall exercise the legislative and tax power through its representatives.

• 4 and 5. The regent shall have the right to declare war and enter into peace, and the right to give pardon

• 6. The judicial power shall be separate from the legislative and the executive



The 11main principles (cont’d): Freedom and equality • 7. Freedom of printing• 8. «The evangelic Lutheran religion shall remain the

religion of the State and the Regent. All religious sects are free to exercise their religion; however Jews are still denied access to the realm.»

• 9. No new restrictions on freedom of trade and industry

• 10. Ban on future nobility• 11. General conscription



The Question of Union with Sweden• The Independence Party (Or the Danish

party?)• The Swedish Party (Or the realist party?)• Could Norway survive on its own?• Without accept from Britain and/or Russia?• Sweden’s propaganda war

– In Norway– Abroad



State Organisation Sec. 1• Independence• Freedom• Limited and hereditary monarchy



Structure of the Constitution• Five parts: • A Of the form of Government and the

Religion• Bof the Executive Power, the King and the

Royal Family• C Of Burgership and the Legislative Power• D Of the Judicial Power• E General Rules



Stortinget the central body• Legislation, Sec. 49 and 75

– The King suspensive veto, only, Sec. 79

• Taxation, Sec. 75• Control rights over the executive, Sec. 75• Ordinary Parliament sessions only every

third year, Sec. 68



Constitutional amendmendts• No royal veto power, Sec. 110• Parliament has full control over the

Constitution• Special amendment procedures • 2/3 majority and election between proposal

and voting• What does this mean?• The parliament will always win in the end



Organisation of the Parliament• The Adler/Falsen draft

– American model with two chambers, separate elections and different qualifications

– Veto power against one another

• Constitutional Committee– One election and the two chambers in legislative matters,

established with a separate vote within the parliament– Veto power against one another

• The Constitutional Assembly short-circuited it– If the two chambers disagree, they should meet in

plenary cession and decide by 2/3 majority



Voting rights in Parliament elections• Wide voting rights, Sec. 50

– Civil servants, city burghers, land owning farmers, tenant farmers

» 1821, also reindeer herding Samis included

• Comprised 40-45% of men above 25 years of age– The percentage fell through the 19th Century because

increased population of industrial workers and dependent land workers

• Indirect elections• Was this democratic?• General suffrage for men 1898, women 1913



The role of the King• The executive power

– The initiative in the State– Inheritance rights based on Danish rules, then Swedish

rules from November 1814

• The rule of the Church, Sec. 15 and 16• The right to declare war and enter into

treaties, Sec. 26• The relationship between the King and the

government changes over time– The government becomes more independent, then

dependent on the Parliament



The Courts: Supreme Court and Impeachment Court• Impeachment process based on American

Model• Sec. 87• Supreme Court with general competence,

Sec. 89 and 91



Some Civil Rights• Sec. 96 and 99. Priciple of legality and ban

on imprisonment unless it follows from the law

• Sec. 97 No retroactive legislation• Sec. 105 No expropriation without

compensation• Se. 100 Freedom of the press (expression)



Odal law – A Norwegian Speciality• Sec. 107• One of the farmers’ most important issues

in 1814• Part of egalitarianism?



Characteristics of the Constitution• A moderate revolutionary Constitution• The revolutionary period 1776 – 4 June 1814• Separation of powers subordinated to popular

sovereignty– The myth about Rousseau– The myth about Montesquieu

• The main principles: Freedom – equality - and security

• The Swedish Norwegian Union reinforced the Constitution

– Sweden’s accept of the Constitution in the Convention of Moss 14 August 1814

© det juridiske fakultet universitetet i oslo the constitution making process and content in 1814...

Documents

oslo slide

eidsvoll slide

norwegian constitution

oslo constitutional

oslo preparations of

oslo elections

oslo chronology

success slide