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.
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