tion in 2016, having been a right previously confirmed by the Norwegian Supreme Court, which had exercised this right since 1821, clearly formulated in 1866.29 How could Norway’s constitutional law be changed without an Act of Parliament? Let us use the legal cultural model to analyse the situation, taking each element in turn. There are only three specialized courts in Norway, all three only on a first level with appeal to the ordinary Court of Appeal.30 Hence, there is also no Norwegian constitutional court, and judicial review is performed by the ordinary courts. All Norwegian courts have since 1590 had the duty to decide any case before them, and to this day are without the power to pass it to a higher court with larger competence.31 Norway has a tradition of legislated law since the Norwegian Code of 1274, one of four territorial law codes in Europe to apply to an entire legal culture as a tool for legal analysis 29 Holmøyvik 2015, 334–5. 30 Anna Nylund & Jørn Øyrehagen Sunde, ‘Courts and court Proceedings’, in Pia LettoVanamo et al. (eds.), Nordic Law in European Context (Cham: Springer, 2019), 204–206. 31 Sunde 2014, 53–4. 133 Conflict resolution Figure 9.1 Legal culture and its structures, read horizontally Norm production Institutional Structure Unified court hierarchy with one Supreme Court on top A need for unifying law, also legislated law Conflict resolution Norm production Extensive use of lay judges and a legal science without ambitions of making a system of law Intellectual Structure Legal sources arguing adjustment according to fairness Predictability but flexibility to adjust law according to fairness Partly court driven, with the Supreme Court taking the lead Idea of justice Legal method Degree of professionalization Character of internationalization
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