Supreme Court of Norway

Last updated
Supreme Court of Norway
Høyesterett
Royal coat of arms of Norway.svg
Established1815
Location Oslo
Coordinates 59°54′51.63″N10°44′40.19″E / 59.9143417°N 10.7444972°E / 59.9143417; 10.7444972
Authorized by Constitution of Norway
Number of positions20
Website www.domstol.no/hoyesterett
Chief Justice
Currently Toril Marie Øie
Since2016
The Supreme Court building in Oslo Supreme Court Norway 160420083810.jpg
The Supreme Court building in Oslo

The Supreme Court of Norway (Norwegian Bokmål: (Norges) Høyesterett; Norwegian Nynorsk: (Noregs) Høgsterett; lit. ‘Highest Court’) was established in 1815 on the basis of section 88 in the Constitution of the Kingdom of Norway, which prescribes an independent judiciary. It is located in the capital Oslo. In addition to serving as the court of final appeal for civil and criminal cases, it can also rule whether the Cabinet has acted in accordance with Norwegian law and whether the Parliament has passed legislation consistent with the Constitution.

Contents

Appointment process

The King of Norway has sole authority to appoint judges to the country’s Supreme Court. He does so on the advice of the country's Judicial Appointments Board, a body whose members are also appointed by the King.[ citation needed ]

Information

The Supreme Court is Norway's highest court. It has the entire Kingdom as its jurisdiction. It is a court of appeal, i.e. cases cannot be brought before the court if they have not been tried in a district court (Norwegian : tingrett) and in most cases also in a regional court (Norwegian : lagmannsrett). Nevertheless, the Supreme Court has the prerogative to decide itself which cases of appeal it shall hear. This leads the court to hear cases of principal importance, where clarification is needed or where standards need to be set. Rulings set substantial precedence for the lower courts as well as for the Supreme Court itself.

As a subject to Norwegian law, one has no right to be heard in the Supreme Court, as the universal Human Rights article on a fair trial is believed to be satisfied with the district courts and as courts of appeal the regional courts.

The Supreme Court has a committee consisting of three justices who decide what cases shall be tried in the Supreme Court. The same committee decides in procedural questions appealed from the lower courts. Once approved, the case is heard and decided by 5 justices. A case may be decided in grand chamber, set with 11 justices, if the court decides that clear precedence needs to be set. In rare circumstances, a case may be heard in plenary session by all 20 justices. This happens when the court needs to decide if legislation conflicts with the constitution or a case involves fundamental questions.

The court is chaired by a Chief Justice together with 19 other justices. The current Chief Justice is Toril Marie Øie.

To be eligible to apply for the position as a Supreme Court justice, the Constitution of Norway states that one must be a Norwegian citizen, have a law degree with excellent academic record and be at least 30 years old. Once a justice has taken office, he or she may only be removed by impeachment through conviction in the Riksrett. As of 2013, this has never happened. Justices face mandatory retirement at age 70.

The court's salary is regulated by the Storting. Since October 1, 2011, justices have been paid NOK 1,487,000 ($262,600) and the chief justice NOK 1,724,000 ($304,500).

    See also

    Related Research Articles

    Supreme Court of Canada highest court of Canada

    The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. Its decisions are the ultimate application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by federal or provincial legislation.

    Court of Cassation (France)

    The Court of Cassation is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system, and is the supreme court of appeal in these cases. It has jurisdiction to review the law, and to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in Paris.

    Judicial Yuan

    The Judicial Yuan is the judicial branch of the government of the Republic of China on Taiwan. It runs a Constitutional Court and oversees all systems of courts in Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:

    New Hampshire Supreme Court The highest court in the U.S. state of New Hampshire

    The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive Council to serve during "good behavior" until retirement or the age of seventy. The senior member of the Court is able to specially assign lower-court judges, as well as retired justices, to fill vacancies on the Court.

    The Supreme Court of Ireland is the highest judicial authority in Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal and the High Court, judicial review over Acts of the Oireachtas. The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and private citizens. It sits in the Four Courts in Dublin.

    The court system of Canada forms the judicial branch of government, formally known as "The Queen on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.

    An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important questions to the judiciary and obtain an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions.

    Courts of Scotland

    The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

    The North Dakota Supreme Court is the highest court of law in the state of North Dakota. The Court rules on questions of law in appeals from the state's district courts.

    Supreme Court of Singapore national supreme court

    The Supreme Court of the Republic of Singapore is one of the two tiers of the court system in Singapore, the other tier being the State Courts.

    High Court of Singapore Lower division of national supreme court

    The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The seat of the High Court is the Supreme Court Building.

    Court of Appeal of Singapore Supreme appellate court of Singapore

    The Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the Chief Justice of Singapore, who is the President of the Court, and the Judges of Appeal. The Chief Justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.

    Procedures of the Supreme Court of the United States U.S. Supreme Court procedures

    The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Supreme Court of the United States are governed by the U.S. Constitution, various federal statutes, and the Court's own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office.

    Supreme Court of Finland

    The Supreme Court of Finland, located in Helsinki, is the court of last resort for cases within the private law of Finland. The Court's counterpart is the Supreme Administrative Court, which is the court of last resort for cases within the administrative law.

    Judicial review in the United States Ability of a court in the US to examine laws to determine if it contradicts current laws

    In the United States, judicial review is the legal power of a court to determine if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.

    Supreme court Highest court in a jurisdiction

    The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

    Judiciary of Jamaica

    The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.

    Supreme Court of Nauru

    The Supreme Court of Nauru is the highest court in the judicial system of the Republic of Nauru.

    Supreme Court of Mauritius

    The Supreme Court of Mauritius is the highest court of Mauritius and is the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. On 30 July 2020, a new building was inaugurated jointly by Indian Prime Minister Narendra Modi and Mauritian Prime Minister Pravind Jugnauth.

    Supreme Court of the Gambia

    The Supreme Court of the Gambia is a superior court of record and the highest court in The Gambia. Established in 1851, it has appellate and original jurisdiction over any law exceeding the powers conferred by the Constitution or any law upon the National Assembly or any other person or authority.