By Ragnhildur Helgadottir

Courts of a few Nordic international locations begun reviewing the constitutionality of laws lengthy earlier than judicial evaluation was once confirmed in other places in Europe. This examine examines the impact of yank legislations and theories of judicial evaluation at the improvement, perform and theorization of judicial overview in Norway, Denmark, and Iceland from the nineteenth century to the current. The learn describes how Nordic students within the past due nineteenth century rationalized judicial evaluation according to American concept and the way American legislations encouraged either their perspectives of the establishment and their state of mind approximately great constitutional rights. those perspectives in flip encouraged Nordic jurisprudence for many years. the writer then exhibits how the adjustments that happened in American constitutional jurisprudence within the Thirties and Forties prompted Nordic constitutional conception and constitutional jurisprudence. those alterations bought major recognition in Nordic felony circles and the learn examines how those adjustments, in addition to the yankee and Nordic thought that outfitted on them, stimulated Nordic jurisprudence. eventually, it truly is argued that American impression during this quarter of legislation replaced after 1965. Direct references to and discussions of yank legislation virtually disappeared from Nordic jurisprudence. American constitutional legislation used to be, even if, a tremendous impression at the case-law of the ecu courtroom of Human Rights, which significance elevated during this interval. the ecu conference of Human Rights and the Court’s judgements have in flip immensely encouraged Nordic constitutional legislations.

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78 Horwitz comments on this period that “as the definition of a property right became divorced from concrete physical objects with bright-line boundaries and came to turn more and more on abstract ideas of individual expectations of stable market values, the very conception of property became infinitely expandable. The result was that during the 1880s and 1890s a variety of new property interests for the first time received recognition by American courts. These property interests were endowed with what, by traditional standards, can only be called extravagantly expanded prerogatives.

136 at p. 140. The opinions of the Norwegian Supreme Court were secret until 1863 and the opinions written before that time have not been published in their entirety even though they can now be found by going through the protocols of the Supreme Court. Therefore, not all cases pre-dating 1863 are known. See Smith, supra note 3, p. 120. ” Jacobs, supra note 35, p. 64. See also White, supra note 39, p. 46: “their synopses in a sense became modest exercises in making law. [/] This was the central function of the celebrated treatises .

The statement is wrong as far as constitutional amendments are concerned; by the 1880s this had happened on two occasions; the Eleventh amendment overruled Chisholm v. S. 125 In addition, Aschehoug repeated a fundamental argument of Marbury v. Madison without citing his source. He argued that permitting the legislature to ignore the Constitution would “make it sovereign. But that is exactly what it is not, under a Constitution that limits its power . . For under a Constitution, which can only be amended if a certain form is followed and after a certain period, the temporary majority is not sovereign .

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