RS 29

legal culture as a tool for legal analysis Lay participation in theNorwegian court system is the highest in Europe, and is assumed to contribute to the confidence in Norwegian courts.37 The integration of Norwegian law with theEUlaw regime from1994 and European Human Rights regime from 1999 strengthened the practice of judicial review in Norway as elsewhere, since national review is essential for making the law of these two regimes transnational.38 The judicial review by a single district court judge in 2008 that set aside a piece of legislation made by a unanimous Parliament can be explained by applying the legal cultural model. When comparing judicial review in, say, Norway and France, the model can detect which factors that drive judicial review in Norwegian and French law and which restrain it; when 37 European Commission for the Efficiency of Justice, European judicial systems: Efficiency and quality of justice (CEPEJ Studies, 26; Strasbourg: Council of Europe, 2018), 103. 38 See introduction to Martin Belov (eds.), Courts, Politics and Constitutional Law: Judicialization of Politics and Politicization of the Judiciary (London: Routledge 2019), 1–18. 135 Internationalization Figure 9.2 Legal culture and its structures, read vertically Professionalization Character of internationalization Institutional Structure Period 1590– 1994 Before 1260 1260– 1590 Conflict resolution Norm production Idea of justice Legal method Degree of professionalization Intellectual Structure Court hierarchy Courts Mediating organs, violence Primarily legislation Legislation and court rulings Conflict resolution Predictability Fairness Equivalence Incomplete deduction Differentiation Analogy High Some None Systems of law Chunks of law Bits and pieces of law

RkJQdWJsaXNoZXIy MjYyNDk=