© det juridiske fakultet universitetet i oslo constitutional survival of war in 1814 and union with...

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Constitutional Survival of War in 1814 and Union with

Sweden 1814-1905

Ola MestadProfessor dr. juris

Chair of the Norwegian Research Committee for the Constitution Bicentennial

The Norwegian Constitution at 200 Years IIITârgoviște, 1 – 4 August 2014

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Chronology of 1814• 14 January Treaty of Kiel• 16 Feb Meeting of high ranking men at Eidsvoll• 10 April – 20 May The Constitutional Assembly at

Eidsvoll• 17 May - The Constitution adopted

– Prince Christian Frederik offered the Norwegian Crown

• End July / Early August Swedish-Norwegian War• 14 August The Moss Convention on armistice• 7 Oct - 26 Nov The extraordinary Storting • 4 Nov Carl 13 of Sweden elected King of Norway

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The Great Powers Intervene in June/July• The commissionaries from Britain, Russia,

Austria and Prussia• To Copenhagen

– To check whether the Danish King supports the Norwegian resistance

• To Christiania [Oslo]– To make Norway accept the treaties

• To Sweden– Conversations with Bernadotte– Mitigation

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What does king Christian Frederik do?• He awaits support from Britain• He prepares the Constitution for a union

with Sweden• He encourages the Norwegians to be

prepared to fight• Sometimes he involves the Government,

sometimes not

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Sweden Goes to War• Sweden wanted its gain from Kiel• British and Swedish blockade from the

spring• War from end July/First half of August• First Naval attack 26 July• Swedish-Norwegian war• No foreign troops

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14 August - The Moss Convention on armistice

• Complex development• Double play on both sides

– Christian Frederik and his government– Bernadotte and his king and the government in

Stockholm

• Sweden accepted the Eidsvoll Constitution as basis for a union

• Norway accepted to call the Storting and let it decide

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The Moss Convention, con’t• Christian Frederik to return the Crown to

the extraordinary Storting• And to let the government run the country

until then• (He considers becoming Duke of

Pomerania)• What is the implication ov• f returning the Crown to the Storting?• Did Sweden give up the Treaty of Kiel?

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The Government rules• Does not accept negotiations with the

Swedes• Appoints the Supreme Court• Organizes elections to the Storting

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Elections to Parliament (the Storting)• First election under the new Constitution• 7 October - 26 November - The

extraordinary Storting in session • 10 October – Christian Frederik lays down

the Crown in the hands of the Storting– On behalf of his heirs and himself

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Swedish Norwegian Negotiations• The Storting on one side• Swedish commisionairs on the other• With Bernadotte consulting closely• Both sides suggest «necessary» changes

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Union or Constitution First?• The most important issue• Diiferent positions in the Storting• The 20 October decision• Norway will enter into a union if the

changes to the Constitution are acceptable to the Storting

• Why was this clever constitutional law?

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What Changes Were Accepted• A formal union under the same king• No common ordinary institutions• Changes to the organisation of the

Norwegian gvernment• Separate budgets• The King has foreign policy prerogatives in

both countries• And can partly use both armies• A union for security purposes

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Why did Bernadotte Give Up Many of His proposals?• Fear of the Congress of Vienna which was

already in progress?• He thought he could come back and change

the Constitution later• And tried in 1821/-24• But they were all struck down

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Union formally entered into 4 November 1814• The Constitution changes adopted by the

Storting• Carl 13 (of Sweden) elected as King of

Norway (too), by the Storting• Was it a new constitution?• What was the basis for the union?

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Norwegian-Swedish Union 1814-1905• A union for security purposes

– Joint foreign policy and nearly joint military policy

• The Norwegian Constitution became Norway’s uniting point

– Very few changes to the Constitution

• Later, much discussion on whether the Treaty of Kiel was the true basis of the Union

• In 1905, Norway stated that the joint King did not fulfill his constitutional duties anymore, and accordingly, the union was abolished