Constitutional Law and Human Rights

Introduction

This course covers, firstly, the legal rules governing the Norwegian State's three branches of government (the legislative, executive, and judicial powers) and, secondly, the fundamental legal rules concerning the relationship between public authorities on one side and the population on the other. Constitutional law is lex superior in the Norwegian legal system; other legal rules are derived from them and must be construed within its framework. The rules are primarily anchored in the Norwegian Constitution.

The course aims to provide solid knowledge of the important main lines in the institutional part of constitutional law (the basis and limits of the competencies of the three branches of government) and its human rights part (the population's fundamental claims vis-à-vis public authorities).

Knowledge of constitutional law is important for several reasons. Insight into the fundamental norms of democracy, the separation of powers, sovereignty, the rule of law, and human rights is necessary to understand how the Norwegian governmental apparatus functions and the core values on which public governance and regulation are based. Knowledge is also a prerequisite for ensuring that public authorities exercise their power over the population in a lawful and legitimate manner.

The course is linked to, and should be seen in connection with, courses in General Administrative Law, EU/EEA Law, and Sustainability Regulation.

Course content

The course covers the following topics:

• The distinct nature of constitutional law compared to other legal norms.
• Fundamental constitutional values such as democracy, separation of powers, sovereignty, legality, the rule of law, and human rights—and how various constitutional rules reflect and express these values.
• The legal basis for and legal limits on the competence of the legislative, executive, and judicial branches
• Central rules on the interaction between the three branches of government, including the Storting's role as legislator, constitutional drafter, and budget authority, the government's prerogatives, and the roles of the courts as supervisors of the Storting and the government and as rule producers.
• Main content of some of the Constitution's human rights (with emphasis on freedom of expression, property rights, fair trial, the requirement of legality, the right to privacy, and the equality requirement) and the relationship to human rights not directly part of the written Constitution.
• The legal and political consequences of violations of constitutional rules.