In Norway , impeachment , also known as the Court of Impeachment ( Norwegian : Riksrett ), is a judicial process with the power to convict Members of Parliament , Members of the Council of State , and Supreme Court Justices for criminal acts performed in line of duty. Impeachment is based on the Constitution of Norway §§ 86 and 87. Parliament authorizes the impeachment process, which establishes a tribunal consisting of five members of the Supreme Court and six lay members appointed by the Parliament of Norway . Impeachment has been used eight times, the last case being held in 1927.
13-449: Impeachment has been performed eight times in the history of the kingdom, and each time it has been aimed at members of the government. Six of the cases were in the period 1814–45. During the constitutional struggle in the last half of the 19th century, impeachment became vital following the case against Selmer 's Cabinet in 1883 and 1884, concerning the veto rights of the King in matters of
26-410: A verdict of guilty is delivered, or a trial by judge in which the defendant is found guilty. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland , there can also be a verdict of " not proven ", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and
39-545: A more viable threat to office holders should they breach their limitations. Christian August Selmer Christian August Selmer (16 November 1816 – 1 September 1889) was a Norwegian lawyer and a magistrate . He served as a member of the Norwegian Parliament , Minister of Defense and Minister of Justice. He was the 2nd prime minister of Norway in Christiana between 1880 and 1884. Selmer
52-473: Is no longer considered part of the political game. Public commissions have since looked at reforming or removing impeachment, and transferring the institution to the ordinary courts. On 20 February 2007 the parliament voted to change the constitution such that the organization of impeachment becomes more potent, and changing the requirements, so the lay members of the court are not current members of parliament. There have been eight cases of impeachment: Prior to
65-450: Is prohibited under double jeopardy protections. After a defendant is convicted, the court determines the appropriate sentence as a punishment . In addition to the sentence, a conviction can also have other consequences, known as collateral consequences of criminal charges . These can include impacts on employment, housing, the right to travel to other countries, and other areas of an individual's life. A person's history of convictions
78-450: Is used in countries including England, Wales, Canada, Australia, and New Zealand. In any criminal justice system, innocent people are sometimes convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice . In some judicial systems, the prosecution may appeal acquittals; while in others, this
91-601: The Royal Norwegian Army and Royal Norwegian Navy , He held this office until his death at Bygdøy in Aker during September 1889. He was buried at Vår Frelsers gravlund in Kristiania. Conviction In law , a conviction is the determination by a court of law that a defendant is guilty of a crime . A conviction may follow a guilty plea that is accepted by the court, a jury trial in which
104-518: The 2007 constitution change, the Odelsting chamber was to act as prosecutor and the Lagting chamber along with the supreme court was to act as the court. Ten members of the Lagting and five from the supreme court were to rule in the matter. The constitutional change merged the two chambers, causing the process of impeachment also to be changed. The court would consist of eleven members, five from
117-469: The constitution. Prior to this case, impeachment was the only way for parliament to dismiss a member of the cabinet; after 1884 Norway got a system of parliamentarism , and parliament could dismiss a member of cabinet through a majority vote. After the constitutional battle of 1884 was over, there was only one case, where Prime Minister Abraham Berge and six members of his cabinet were found not guilty in 1927. Since then, impeachment has not been used, and
130-682: The firm and developed an extensive legal practice. He served as a stipendiary magistrate in Drammen from 1862 until 1874. In 1848 he married Anna Sylvia Leganger (1825–1896). Selmer served as deputy to Parliament for Drammen from 1871 until 1873 and permanent representative from 1874 until 1876. In 1874 joined the cabinet of Prime Minister Frederik Stang . Following the surprising resignation of Frederik Stang as Prime Minister in September 1880, King Oscar II of Sweden had Selmer in mind as Norwegian Prime Minister. Selmer's record as Prime Minister
143-527: The supreme court and six lay members chosen by parliament for a period of six years. Current members of parliament are not eligible to serve, as they are presumed to have a conflict of interest in the matter. The Chief Justice of the Supreme Court is to lead the impeachment. The responsibility to act as prosecutor is held by the parliament, and is to be administrated by a parliamentary committee, Stortingets ansvarskommisjon . The changes made impeachment
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#1732771775763156-655: Was born at Fredrikshald in Østfold , Norway and grew up in Halden . He was the son of Johan Christian Selmer (1783-1830) and Johanne Ditlevine Michea Vibe (1788-1879). Selmer studied law at the University of Christiania from 1837, achieved his legal degree in 1842. In 1842, he was magistrate in Sør-Hedmark . In 1848, he was appointed law clerk in the office of attorney P.A. Midelfart in Drammen. In 1850, he took over
169-662: Was characterized by conflict over whether members of the cabinet were required to appear in Parliament to answer questions. He influenced King Oscar II to reject efforts at a compromise, setting the stage for impeachment proceedings . In April 1883 the members of the lower house ( Odelsting ) decided to impeach the members of the Selmer cabinet. Selmer was subsequently convicted under articles of impeachment and resigned as Prime Minister on March 1, 1884. Subsequently, Selmer became acting General Auditor ( Generalauditør ) of
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