Constitution, welfare state and citizenship
Forskningsprosjekt finansiert av Norges forskningsråds grunnlovssatsing. Prosjektet koordineres av Det juridiske fakultet i samarbeid med blandt andre CMI og Uni Rokkan-senteret.
Hovedinnhold
This project explores the influence of the Norwegian Constitution on the notion of citizenship, and in particular the legal and political interplay between the Constitution and the development of the Norwegian welfare state.
The notion of a social contract is of particular interest: What kind of social contract was established between the Norwegian state and its citizens with and by the 1814 Constitution?
Might the egalitarian way of thinking, as expressed in the 1814 Constitution
be seen as an important stepping stone for the development of the Norwegian
welfare state and model of citizenship?
The 1814 Norwegian Constitution contained provisions forbidding Jews,
Jesuits and monk orders access to the kingdom, thereby signifying a need
to protect Norwegian society against particular foreign influences.
What is the relationship between this protectionist attitude, egalitarianism and
current modern welfare state policies and regulations when it comes to immigrants?
Norway has developed a strong welfare state built on universal social
benefits. However, social rights are not protected as such in the Constitution.
Thus, it seems that the Norwegian Constitution is not representative of the
basic values and principles that characterize Norwegian society today. Based
on this and other observations, the project will examine the relevance of the
Norwegian Constitution for today´s national and international legal debates,
and analyze the Norwegian Constitution in a comparative perspective
with regard to content, structure and aims.
Our ambition is to examine the Constitution in three contexts: The modern welfare
state, international human rights and comparative law. All these contexts are
essential for the understanding of the Norwegian Constitution and its status as
the normative framework and legal infrastructure in Norway.