Sunday, May 11, 2014

Pure Popular Sovereignty

Two hundred years ago today, the Norwegian Constitutional Convention passed the constitutional provision on constitutional amendments.

This provision was to be subject to much political conflict later in the 19th century. It was argued that a constitutional amendment implicitly needed Royal Assent, and it can certainly be argued that that was part of constitutional law at times.

However, a recent doctoral thesis has unfortunately shown convincingly and with high probability that the intent of the framers was a pure popular sovereignty system when it comes to the constituting (amendments included) authority.

This painting, created by the losing side in the constitutional conflict of the 1870s and 1880s, hangs till this day in Parliament Hall:

Oscar Wergeland: Rigsforsamlingen på Eidsvold 1814

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