By Ragnhildur Helgadottir
Courts of a few Nordic international locations all started reviewing the constitutionality of laws lengthy prior to judicial overview was once tested in different places in Europe. This research examines the impact of yank legislations and theories of judicial assessment at the improvement, perform and theorization of judicial evaluate in Norway, Denmark, and Iceland from the nineteenth century to the current. The learn describes how Nordic students within the overdue nineteenth century rationalized judicial overview in response to American concept and the way American legislations prompted either their perspectives of the establishment and their frame of mind approximately great constitutional rights. those perspectives in flip encouraged Nordic jurisprudence for many years. the writer then indicates how the alterations that happened in American constitutional jurisprudence within the Thirties and Nineteen Forties inspired Nordic constitutional idea and constitutional jurisprudence. those adjustments bought major consciousness in Nordic criminal circles and the examine examines how those adjustments, in addition to the yank and Nordic idea that outfitted on them, stimulated Nordic jurisprudence. ultimately, it truly is argued that American impression during this region of legislations replaced after 1965. Direct references to and discussions of yank legislations virtually disappeared from Nordic jurisprudence. American constitutional legislation was once, in spite of the fact that, a tremendous effect at the case-law of the eu courtroom of Human Rights, which value elevated during this interval. the ecu conference of Human Rights and the Court’s judgements have in flip immensely inspired Nordic constitutional legislation.
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Additional resources for The Influence of American Theories on Judicial Review in Nordic Constitutional Law (Raoul Wallenberg Institute Human Rights Library)
230 and R. Slagstad’s Prøvingsretten i det norske system [Judicial Review in the Norwegian system]’, 4 Nytt Norsk Tidsskrift (1989) p. 333 at p. 347. -L. Seip, supra note 113, and Slagstad supra note 107, pp. 49–54. H. Aschehoug, Norges nuværende statsforfatning III [The Present Constitution of Norway III] (2nd ed. Malling, Christiania, 1893) pp. 2–3. 30 CONSTITUTIONAL JURISPRUDENCE explains that the individual’s rights did not receive “any particular constitutional protection against violations from the legislature” in England.
Pp. 76–7. Compare McCurdy, supra note 26, p. 251 on the importance of this distinction in the jurisprudence of Justice Field. 148 See Aschehoug, supra note 116, p. S. See Bowditch v. S. 16 (1879) (holding that the state was within its police power when it 38 CONSTITUTIONAL JURISPRUDENCE Privileges granted by the state and to what degree they could be revoked or regulated was another, more specific, question. In that field, Aschehoug relied heavily on American contracts clause doctrine. He viewed a “privilege granted by law, valid authorisation or permission” as “a vested right and as such protected by art.
If the opposite were assumed, the legislature would not be able to order a taking for the benefit of a private entity . . But the Constitution has never been thus understood and it cannot reasonably be read that way . . One cannot say either, that the Constitution allows the use of the power of eminent domain only when the taking is necessary for a project for the common weal . . ”135 compensation under the takings clause and therefore, a line needs to be drawn. Aschehoug, supra note 116, p.