Shows how the Norwegian model of judicial review provides an alternative to American and European constitutionalism.
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Anine Kierulf is Research Director at the Norwegian National Human Rights Institution.
1. Introduction; 1.1. Background and context; 1.2. Norway in a nutshell; 1.3. Review under the constitution - and the ECHR; 1.4. Book structure and terminology; 2. Legal foundations and doctrinal specifics; 2.1. Introduction; 2.2. The Norwegian Supreme Court; 2.3. The form of and basis for constitutional review; 2.4. The basis for ECHR review; 3. Foundations reviewed: the formative 1800s; 3.1. Outline of a nation constituted; 3.2. Courts, lawyers and background for judicial review; 3.3. On not losing sight of (some) individuals; 3.4. Review discussions prior to the 1866 case; 3.5. The 1866 case; 3.6. Arguments following 1866; 3.7. Liberal constitutionalism defined; 4. The emerging regulatory state and a constitutional watershed (early 1900s); 4.1. Constitutional questions arising - and discussed; 4.2. The waterfall case; 4.3. Legal opinions of 1912 and 1916; 4.4. Legal opinions following the 1918 case; 4.5. Parliamentary debates on review abolishment; 4.6. Constitutional case adjourned; 5. Post WWII: social democratic constitutionalism?: 5.1. Introduction: review revival; 5.2. Occupation and post-war adjudication; 5.3. Regulatory reconstruction; 5.4. Law, politics and history; 5.5. Conquer and divide - preparing the expropriation statute; 5.6. The Kløfta case; 5.7. Kløfta case follow up; 5.8. Judicial review confirmed; 6. Debates of ECHR review (1950-2000); 6.1. Introduction; 6.2. 'Original intent'; 6.3. On ECHR review prior to the HRA - the doctrine of clarity; 6.4. Preparations for the human rights act of 1999; 6.5. The power and democracy project; 6.6. Post-national constitutionalism?; 7. Dual review expressed (2000-2010); 7.1. Basis and case selection; 7.2. Speech vs. personality rights: reputation; 7.3. Speech vs. policy: political advertising; 7.4. Free speech review: a synthesis of ideals?; 8. A triple constitutional review revival: 2010; 8.1. Prelude; 8.2. 2010 Cases; 8.3. 2010 Cases Debate and Follow up; 8.4. Constitutional review reflections; 9. 2014-2015: rights reform - and judicial review constitutionalization; 9.1. The 2014 Constitutional Reform; 9.2. Judicial review constitutionalization; 9.3. Constitutional revitalization; 9.4. Dual review constitutionalized; 10. Looking back - and forward: 10.1. Legitimacy ideals disentangled; 10.2. Political review challenges; 10.3. Judicial review challenges; 10.4. A bicentennial debate.
Advance praise: 'Brilliant and comprehensive, Judicial Review in Norway is a major contribution to constitutional theory. ... Kierulf has a terrific understanding of democratic theory and constitutionalism, and her analysis of Norwegian constitutional law tells us a great deal about both. A tremendous achievement.' Cass R. Sunstein, Robert Walmsley University Professor, Harvard University Advance praise: 'The Norwegian Supreme Court acted in the 1800s as a European pioneer of judicial review, and the Parliament of 2015 incorporated the principle into the written Constitution. This penetrating analysis of the bicentennial road, by a brilliant young legal thinker, should be a classic in the literature on a burning issue in democratic societies.' Carsten Smith, former President of the Supreme Court of Norway Advance praise: 'This impressive book answers some of the questions I had all along. The relationship between democracy and the rule of law is a debate that is very much at the center of German constitutional discourse, particularly at a time in which constitutional review has come under severe stress not only in Eastern Europe but also the United States.' Andreas Paulus, Institute of International and European Law
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