The Swedish-Norwegian Union Crisis: A History with DocumentsNordlund, Karl
History
The Swedish-Norwegian Union Crisis: A History with Documents
Nordlund, Karl
Norway -- Politics and government -- 1814-1905; Sweden - -Politics and government -- 1814-1905
The statement made by the Council that My resolve, not to sanction the
Consular law, proposed by the Storthing, would have no legal validity, as
none of the members of the Cabinet had found themselves able to
countersign the Royal Decree supplies a supposition which I must declare
is in conflict with fundamental law. The question of the significance of
contrasignature according to Norwegian State law, is not a new question
brought up to day, but is older than the present Norwegian Constitution.
It was already solved at the Convention of Eidsvold. A proposal was then
made that Countersignature was requisite in order that the King's
commands should become valid, but was opposed on the grounds that it was
against the general principles of the Constitution for the division of
supreme power. The same standpoint was taken in the fundamental law of
the 4th November. This opinion was also expressed by the Constitutional
Committee without contradiction on two occasions, 1824 and 1839, when the
Storthing had even opposed a proposal concerning another matter. The
change, which Sec. 32 in the Constitution has since undergone, gives
increased support to the opinion that the Prime Minister's
Countersignature is intended for nothing else than a witness that the
King has made a Decree of certain import.
And that Sec. 31 is unconditional in its prescription of the duty of the
authorised countersignature of the Prime Minister is a conception that is
acceded to by those writers on State law who have framed the
Constitution. When the Cabinet quoted an opinion of the Norwegian
government in 1847 when the proposal for a new Act of Union was under
consideration, the Cabinet has overlooked, firstly, that this opinion, in
a manner that applies to Swedish government regulations Sec. 38, was
intended only to refer to orders issued but not the Decree of the King
included in the protocol, secondly that the Norwegian Government could
not prove that the Norwegian Constitution really provided any law
respecting the right to refuse countersignature. The Constitution on the
contrary emphatically prescribes in Sec. 30: "But to the King it is
reserved the right to form his decision according to His own judgment",
and in Sec. 31: "All Commands issued by the King himself (Military
Orders excepted) shall be countersigned by the Prime Minister (before
1873 the Norwegian Prime Minister).
Public-domain text, read in full here on John Shaqi.
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