Impeachment (Norway)
Encyclopedia
In Norway
, impeachment, also known as the Constitutional Court of the Realm , is a judicial process with the power to convict Members of Parliament, Members of the Council of State
and Supreme Court Justices
for criminal acts performed in line of duty. Impeachment is based on the Constitution of Norway
§§ 86 and 87. Parliament authorizes the impeachment process, which establishes a tribunal consisting of five members of the Supreme Court
and six lay members appointed by the Parliament of Norway. Impeachment has been used eight times, the last case being held in 1927.
's Cabinet in 1883 and 1884, concerning the veto
rights of the King in matters of the constitution. Prior to this case, impeachment was the only way for parliament to dismiss a member of the cabinet; after 1884 Norway got a system of parliamentarism, and parliament could dismiss a member of cabinet through a majority vote.
After the constitutional battle of 1884 was over, there was only one case, where Prime Minister Abraham Berge
and six members of his cabinet were found not guilty in 1927. Since then impeachment has not been used, and is no longer considered part of the political game. Public commissions have since looked at reforming or removing impeachment, and transferring the institution to the ordinary courts. On 20 February 2007 the parliament voted to change the constitution such that the organization of impeachment becomes more potent, and changing the requirements so the lay members of the court are not current members of parliament.
The constitutional change merged the two chambers, causing the process of impeachment also to be changed. The court would consist of eleven members, five from the supreme court and six lay members chosen by parliament for a period of six years. Current members of parliament are not eligible to serve, as they are presumed to have a conflict of interest in the matter. The Chief Justice of the Supreme Court of Norway
is to lead the impeachment. The responsibility to act as prosecutor is held by the parliament, and is to be administrated by a parliamentary committee, Stortingets ansvarskommisjon. The changes made impeachment a more viable threat to office holders should they breach their limitations.
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, impeachment, also known as the Constitutional Court of the Realm , is a judicial process with the power to convict Members of Parliament, Members of the Council of State
Norwegian Council of State
The Norwegian Council of State consists, according to the constitution of the prime minister and at least seven other ministers, the majority of which must belong to the state church. The current number of ministers is 20.-External links:*...
and Supreme Court Justices
Supreme Court of Norway
The Supreme Court of Norway was established in 1815 on the basis of the Constitution of Norway's §88, prescribing an independent judiciary. It is located in Oslo and is Norway's highest court...
for criminal acts performed in line of duty. Impeachment is based on the Constitution of Norway
Constitution of Norway
The Constitution of Norway was first adopted on May 16, 1814 by the Norwegian Constituent Assembly at Eidsvoll , then signed and dated May 17...
§§ 86 and 87. Parliament authorizes the impeachment process, which establishes a tribunal consisting of five members of the Supreme Court
Supreme Court of Norway
The Supreme Court of Norway was established in 1815 on the basis of the Constitution of Norway's §88, prescribing an independent judiciary. It is located in Oslo and is Norway's highest court...
and six lay members appointed by the Parliament of Norway. Impeachment has been used eight times, the last case being held in 1927.
History
Impeachment has been performed eight times in the history of the kingdom, and each time it has been aimed at members of the government. Six of the cases were in the period 1814–45. During the constitutional struggle in the last half of the 19th century impeachment became vital following the case against SelmerChristian August Selmer
Christian August Selmer was a Norwegian politician who served as a member of the Norwegian parliament, minister of defense, minister of justice, and prime minister...
's Cabinet in 1883 and 1884, concerning the veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
rights of the King in matters of the constitution. Prior to this case, impeachment was the only way for parliament to dismiss a member of the cabinet; after 1884 Norway got a system of parliamentarism, and parliament could dismiss a member of cabinet through a majority vote.
After the constitutional battle of 1884 was over, there was only one case, where Prime Minister Abraham Berge
Abraham Berge
Abraham Theodor Berge was a Norwegian politician representing Venstre, the social liberal party, and later Frisinnede Venstre, a right-of-centre party...
and six members of his cabinet were found not guilty in 1927. Since then impeachment has not been used, and is no longer considered part of the political game. Public commissions have since looked at reforming or removing impeachment, and transferring the institution to the ordinary courts. On 20 February 2007 the parliament voted to change the constitution such that the organization of impeachment becomes more potent, and changing the requirements so the lay members of the court are not current members of parliament.
Cases
There have been eight cases of impeachment:| Person(s) | Period | Charges | Outcome |
|---|---|---|---|
| Fredrik Gottschalk von Haxthausen | 1814–16 | regarding having given incorrect information about the state of the army during the 1814 war, and thus possibly having caused a defeat in the war | Not convicted |
| Johan Caspar Herman Wedel-Jarlsberg Johan Caspar Herman Wedel-Jarlsberg Johan Caspar Herman Wedel-Jarlsberg was a politician and a Norwegian count, one of only two titled noblemen in Norway... |
1821–22 | regarding the Ministry of Finance having done trade with two British trading houses that had gone bankrupt | Not convicted |
| Thomas Fasting Thomas Fasting Thomas Fasting was a Norwegian temporary councillor of state in 1814, member of the Council of State Division in Stockholm for six periods between 1817-1836, and Minister of the Navy in eight periods between 1815-1839, as well as head of the Ministry of the Army in 1828 and 1832.-References:... |
1821 | regarding having held two positions that had conflict of interest | Convicted |
| Johan Collett Johan Collett Johan Collett was a Norwegian politician.-Personal life:He was born as the youngest living son of Johan Collett, Sr. and Else Elisabeth Jensen . He had both older and younger siblings, but many died young. One of his brothers Jonas was a politician too.He married Christiane Birgithe de Stockfleth... |
1827 | regarding three issues to not follow decisions made by the Storting | Not convicted |
| Severin Løvenskiold Severin Løvenskiold Severin Løvenskiold, the younger , was a Norwegian nobleman and a politician.-Early life:... |
1836 | regarding the king's attempt to dissolve the Storting | Convicted |
| Jørgen Herman Vogt Jørgen Herman Vogt Jørgen Herman Vogt was a Norwegian politician who served as first minister of Norway from 1855 to 1858, during the personal union between Sweden and Norway... |
1845 | regarding not having followed the decisions of the Storting regarding custom rates | Not convicted |
| Christian August Selmer Christian August Selmer Christian August Selmer was a Norwegian politician who served as a member of the Norwegian parliament, minister of defense, minister of justice, and prime minister... et al. |
1884 | regarding the king's right to veto changes to the constitution | Convicted |
| Abraham Berge Abraham Berge Abraham Theodor Berge was a Norwegian politician representing Venstre, the social liberal party, and later Frisinnede Venstre, a right-of-centre party... Odd S. Klingenberg Odd Sverressøn Klingenberg Odd Sverressøn Klingenberg was the Norwegian Minister of Social Affairs 1920-1921, 1923 and 1923-1924 in addition to mayor of Trondheim 1911-1916.... Christian F. Michelet Christian Fredrik Michelet Christian Fredrik Michelet was a Norwegian politician for the Conservative Party.He was elected to the Norwegian Parliament from Akershus in 1910, and was re-elected in 1913, 1916 and 1919.... Cornelius Middelthon Cornelius Middelthon Cornelius Middelthon was the Norwegian Minister of Labour 1920-1921 and 1923-1924.... Johan H. Rye Holmboe Johan Henrik Rye Holmboe Johan Henrik Rye Holmboe was a Norwegian businessperson and politician for the Liberal Left Party. He was a city council member in Tromsø for 42 years, a three-term member of Parliament, Minister of Provisioning from 1920 to 1921, and Minister of Trade from 1923 to 1924.-Personal life:He was born... Anders Venger Anders Venger Anders Venger was Norwegian Minister of Agriculture in 1923 and 1923-1924, as well as head of the Ministry of Education and Church Affairs in 1923, and Minister of Labour in 1926.... Karl Wilhelm Wefring Karl Wilhelm Wefring Karl Wilhelm Wefring was the Norwegian Minister of Defense 1920-1921, 1923-1924 and 1926.... |
1926–27 | regarding the government issuing secret state loans to a bank | Not convicted |
Structure
Prior to the 2007 constitution change, the Odelsting chamber was to act as prosecutor and the Lagting chamber along with the supreme court was to act as the court. Ten members of the Lagting and five from the supreme court were to rule in the matter.The constitutional change merged the two chambers, causing the process of impeachment also to be changed. The court would consist of eleven members, five from the supreme court and six lay members chosen by parliament for a period of six years. Current members of parliament are not eligible to serve, as they are presumed to have a conflict of interest in the matter. The Chief Justice of the Supreme Court of Norway
Chief Justice of the Supreme Court of Norway
The Chief Justice of the Supreme Court of Norway is the judicial leader of the Supreme Court of Norway.The following is a chronological list of chief justices since the court was established:...
is to lead the impeachment. The responsibility to act as prosecutor is held by the parliament, and is to be administrated by a parliamentary committee, Stortingets ansvarskommisjon. The changes made impeachment a more viable threat to office holders should they breach their limitations.