1.2 History of the constitutional system

Due to constitutional conservatism no major formal revision of the Constitution has taken place since the enactment in 1814. However there have been amendments and some articles are changed. Besides, changing of political practices and the enactment of other laws and regulations have contributed to the practical understanding of the Constitution in the government of the nation. The most far reaching changes occurred during the union period with Sweden between 1814 and 1905. At least three categories of changes should be mentioned:

Parliamentalism saw its breakthrough in 1884. Since then a parliamentary system is practiced although not formalized in the constitution. The outgrowth started with the political struggle of the emerging middle class and landowners against the government of officials and representatives of the King. At the end of 1860s the political opposition (in main liberals of various economic occupations and farmers) had achieved majority in the Parliament, and acted with greater unity than before. Although the conflict to some extents was rooted in struggle for power in the society, the whole constitutional discussion was limited to the right of the King's cabinet ministers representing the executive power to participate in the proceedings of the Parliament. Should the opposing representatives in the Parliament succeed in their demands, the constitutional consequences would be of two kinds. First, the principle of separation of the Parliament's legislative power and the King's executive power as originally understood in 1814 had to be abandoned. Second, there would be a need for limiting the King's executive power, as he no longer could be free to choose his advisers. The conclusion was that the cabinet government by the King's officials was ended and replaced by ministers who were real politicians. A new constitutional principle had emerged. Furthermore the conflict led to a new political order. Both the Liberal Party and the Conservative Party, the first modern political parties in Norway, were founded in 1884.

Another characteristic of the constitutional changes is connected to the development of political rights and human rights. The rights to participate in politics have gradually been extended from an electorate narrowed by individual specifications relating to economy and sex, to an electorate that is only limited by age for the holders' of Norwegian citizenship, or for foreigners of due age, the right to vote. Men were given the general right to vote in 1898, women in 1913. In 1814 the freedom of worship did not include groups like Jews and Jesuits who were not allowed to enter Norway. For the former group the ban was revoked in the early 1850s, for the latter in 1956. Still the Constitution defines the State's official Religion, which is Evangelical Lutheran. Understood as a general right to express individual interests, the right to speech has gradually been extending, and as a consequence, the right to have access to relevant and valid information.

The municipal system of local and regional government has traditionally represented a counterpart to the state system when it comes to the production of local infrastructure and public services. In terms of political power and organization for the management of public resources, the municipal system of government is also a decentralizing counterweight to state government. In reality it means that the democracy of the nation has to be realized both through a parliamentary system at central government tier and a municipal system of self-determination at local and regional tiers. Whether local or regional government, and accordingly municipalities or counties, is mentioned in the Constitution. From its' first years there were political interests to democratize the local government system and replace the government of officials with politically elected representatives. This movement was obviously a consequence of an improved educational system and of the enlightening ideas that awakened the political consciousness of the population in general. In 1837 adoption of the Aldermen's Acts introduced the elective origin of the modern Norwegian municipality; the principle of local self-government based on elected councils and statutory committees. In addition, this local tire reform gave strong arguments for the democratization that later on should take place at the central state tier and hence the introduction of the parliamentary system.