The Supreme Court of Norway: Increased Judicialization, less Legitimacy?
In the preceding years, the Norwegian Supreme Court has marked itself as an active protector of individual rights. The topic for Morten Kinander's presentation is the development of the Supreme Court's activism in respect to individual rights, its legal foundations and the consequences for Norwegian constitutional law.
In the preceding years, the Norwegian Supreme Court has marked itself as an active protector of individual rights, willingly exercising judicial review of legislation as well as of administrative decision making. Compared to the other courts in Scandinavia, the Norwegian Supreme Court is markedly more active and willing to use its powers.
The topic for the talk is the development of this activism, its legal foundations and the consequences for Norwegian constitutional law. In particular, it will be asked to what the increased activism of Court answers to, and what it adds of legal security for the rights of the persons that are at the receiving end. A central question is to what extent the Court can be read as having a different agenda than necessary rights protection from an abusive state, namely that of increasing its own power.
The MultiRights seminars are organised by the MultiRights project on the multi-level human rights judiciary. They provide a forum for discussions for researchers from various backgrounds, including law, philosophy and political science. The seminars take place on a regular basis on Tuesdays and are open for all.