D. The Judicial Power
Article 86
The Court of Impeachment pronounces judgment in the first and last instance in
such proceedings as are brought by the Odelsting against Members of the Council
of State, or of the Supreme Court or of the Storting, for criminal offences
which they may have committed in their official capacity.
The specific rules concerning indictment by the Odelsting in accordance with
this Article shall be determined by law. However, the limitation period for the
institution of indictment proceedings before the Court of Impeachment may not be
set at less than 15 years.
The permanent Members of the Lagting and the permanently appointed Members of
the Supreme Court are judges of the Court of Impeachment. The provisions
contained in Article 87 shall apply to the composition of the Court of
Impeachment in the particular case. In the Court of Impeachment the President of
the Lagting shall preside.
Any person sitting in the Court of Impeachment as a Member of the Lagting shall
not resign from the Court if the period for which he is elected as a
representative to the Storting expires before the Court of Impeachment has
concluded the trial of the case. If he ceases, for any other reason, to be a
Member of the Storting, he shall resign as a judge of the Court of Impeachment.
The same applies if a Justice of the Supreme Court, who is a Member of the Court
of Impeachment, retires as a Member of the Supreme Court.
Article 87
The accused and the person acting on behalf of the Odelsting in the proceedings
have the right to challenge as many Members of the Lagting and of the Supreme
Court as will leave remaining fourteen Members of the Lagting and seven Members
of the Supreme Court as judges in the Court of Impeachment. Each party in the
proceedings may challenge an equal number of the Members of the Lagting,
although the accused has the preferential right to challenge one more, if the
number to be challenged is not divisible by two. The same shall apply to the
challenging of the Members of the Supreme Court. If there are several
accused in such proceedings, they exercise the right of challenge collectively
in accordance with rules prescribed by law. If the right of challenge is not
exercised to the extent permitted, as many Members of the Lagting and of the
Supreme Court as are in excess of fourteen and seven respectively retire
following the drawing of lots.
When the case comes up for judgment, as many judges of the Court of Impeachment
shall retire following the drawing of lots that the Court due to render judgment
is left with fifteen Members, of whom at most ten are Members of the Lagting and
five Justices of the Supreme Court.
The President of the Court of Impeachment and the President of the Supreme
Court shall in no case retire following the drawing of lots.
If the Court of Impeachment cannot be composed of as many Members of the
Lagting or of the Supreme Court as prescribed above, the case may nevertheless
be tried and judgment rendered, provided that the Court numbers at least ten
judges.
Specific provisions as to the procedure to be followed in the composition of
the Court of Impeachment shall be laid down by law.
Article 88
The Supreme Court pronounces judgment in the final instance. Nevertheless,
limitations on the right to bring a case before the Supreme Court may be
prescribed by law.
The Supreme Court shall consist of a President and at least four other Members.
Article 89
(Repealed)
Article 90
The judgments of the Supreme Court may in no case be appealed.
Article 91
No one may be appointed a member of the Supreme Court before reaching 30 years
of age.
E. General provisions
Article 92
To senior official posts in the State may be appointed only Norwegian citizens,
men or women, who speak the language of the Country, and who at the same time
a) either were born in the Realm of parents who were then subjects of the
State;
b) or were born in a foreign country of Norwegian parents who were not at that
time subjects of another State;
c) or hereafter have resided for ten years in the Realm;
d) or have been naturalized by the Storting.
Others may, however, be appointed as teachers at the university and
institutions of higher learning, as medical practitioners and as consuls in
places abroad.
Article 93
In order to safeguard international peace and security or to promote the
international rule of law and cooperation between nations, the Storting may, by
a three-fourths majority, consent that an international organization to which
Norway adheres or will adhere shall have the right, within objectively defined
fields, to exercise powers which in accordance with this Constitution are
normally vested in the Norwegian authorities, although not the power to alter
this Constitution. For the Storting to grant such consent, at least two thirds
of the Members of the Storting shall be present, as required for proceedings for
amending the Constitution.
The provisions of this Article do not apply in cases of membership in an
international organization, whose decisions only have application for Norway
purely under international law.
Article 94
The first, or if this is not possible, the second ordinary Storting, shall make
provision for the publication of a new general civil and criminal code. However
the currently applicable laws of the State shall remain in force, provided they
do not conflict with this Constitution or with such provisional ordinances as
may be issued in the meantime.
The existing permanent taxes shall likewise remain operative until the next
Storting.
Article 95
No dispensations, protection from civil arrest, moratoriums or redresses may be
granted after the new general code has entered into force.
Article 96
No one may be convicted except according to law, or be punished except after a
court judgment. Interrogation by torture must not take place.
Article 97
No law must be given retroactive effect.
Article 98
When special fees are paid to officials of the Courts of Justice, no further
payment shall be made to the Treasury in respect of the same matter.
Article 99
No one may be taken into custody except in the cases determined by law and in
the manner prescribed by law. For unwarranted arrest, or illegal detention, the
officer concerned is accountable to the person imprisoned.
The Government is not entitled to employ military force against citizens of the
State, except in accordance with the forms prescribed by law, unless any
assembly disturbs the public peace and does not immediately disperse after the
Articles of the Statute Book relating to riots have been read out clearly three
times by the civil authority.
Article 100
There shall be liberty of the Press. No person may be punished for any writing,
whatever its contents, which he has caused to be printed or published, unless he
wilfully and manifestly has either himself shown or incited others to
disobedience to the laws, contempt of religion, morality or the constitutional
powers, or resistance to their orders, or has made false and defamatory
accusations against anyone. Everyone shall be free to speak his mind frankly on
the administration of the State and on any other subject whatsoever.
Article 101
New and permanent privileges implying restrictions on the freedom of trade and
industry must not in future be granted to anyone.
Article 102
Search of private homes shall not be made except in criminal cases.
Article 103
Asylum for the protection of debtors shall not be granted to such persons as
hereafter become bankrupt.
Article 104
Land and goods may in no case be made subject to forfeiture.
Article 105
If the welfare of the State requires that any person shall surrender his movable
or immovable property for the public use, he shall receive full compensation
from the Treasury.
Article 106
The purchase money, as well as the revenues of the landed property constituting
ecclesiastical benefices, shall be applied solely to the benefit of the clergy
and to the promotion of education. The property of charitable institutions shall
be applied solely to the benefit of the institutions themselves.
Article 107
Allodial right and the right of primogeniture shall not be abolished. The
specific conditions under which these rights shall continue for the greatest
benefit of the State and to the best advantage of the rural population shall be
determined by the first or second subsequent Storting.
Article 108
No earldoms, baronies, entailed estates or fideicommissa may be created in the
future.
Article 109
As a general rule every citizen of the State is equally bound to serve in the
defence of the Country for a specific period, irrespective of birth or fortune.
The application of this principle, and the restrictions to which it shall be
subject, shall be determined by law.
Article 110
It is the responsibility of the authorities of the State to create conditions
enabling every person capable of work to earn a living by his work.
Specific provisions concerning the right of employees to co-determination at
their work place shall be laid down by law.
Article 110 a
It is the responsibility of the authorities of the State to create conditions
enabling the Sami people to preserve and develop its language, culture and way
of life.
Article 110 b
Every person has a right to an environment that is conducive to health and to
natural surroundings whose productivity and diversity are preserved. Natural
resources should be made use of on the basis of comprehensive long-term
considerations whereby this right will be safeguarded for future generations as
well.
In order to safeguard their right in accordance with the foregoing paragraph,
citizens are entitled to be informed of the state of the natural environment and
of the effects of any encroachments on nature that are planned or commenced.
The State authorities shall issue further provisions for the implementation of
these principles.
Article 110 c
It is the responsibility of the authorities of the State to respect and ensure
human rights. Specific provisions for the implementation of treaties hereof
shall be determined by law.
Article 111
The form and colours of the Norwegian Flag shall be determined by law.
Article 112
If experience shows that any part of this Constitution of the Kingdom of Norway
ought to be amended, the proposal to this effect shall be submitted to the
first, second or third Storting after a new General Election and be publicly
announced in print. But it shall be left to the first, second or third Storting
after the following General Election to decide whether or not the proposed
amendment shall be adopted. Such amendment must never, however, contradict the
principles embodied in this Constitution, but solely relate to modifications of
particular provisions which do not alter the spirit of the Constitution, and
such amendment requires that two thirds of the Storting agree thereto.
An amendment to the Constitution adopted in the manner aforesaid shall be
signed by the President and the Secretary of the Storting, and shall be sent to
the King for public announcement in print, as an applicable provision of the
Constitution of the Kingdom of Norway.
Produced for the Ministry of Foreign Affairs by Nytt fra Norge, who is
also is responsible for the contents of the article.
Reproduction permitted.