Interpretation of Statutes at Norway
Certainly! Here's a concise overview of Interpretation of Statutes in Norway:
Interpretation of Statutes in Norway
Statutory interpretation in Norway is governed primarily by principles rooted in the Norwegian legal tradition, which is a civil law system influenced by Germanic and Scandinavian legal frameworks.
Key Aspects:
Literal Interpretation (Textual Approach):
The starting point for interpreting statutes is the literal meaning of the text. The wording of the law is given primary importance. Courts strive to apply the statute as written, based on the ordinary meaning of the words at the time the law was enacted.
Systematic Interpretation:
The provision is interpreted within the context of the entire legal system, including other statutes, related provisions, and the general legal framework. The statute should be read harmoniously with other relevant laws.
Purpose-Oriented Interpretation (Teleological Method):
If the literal meaning is ambiguous or leads to absurd results, courts look at the purpose and intent behind the law. Legislative history, preparatory works (called forarbeider), and official reports help clarify the law’s purpose.
Historical Interpretation:
Courts may refer to the historical background and legislative history, including parliamentary debates and committee reports, to understand the lawmakers’ intention.
Precedents and Legal Doctrine:
Though Norway is a civil law country where statutes dominate, decisions from the Supreme Court (Høyesterett) carry significant persuasive authority in interpretation, providing consistency and guidance for lower courts.
Principle of Reasonableness:
Interpretation should avoid results that are unreasonable or conflict with fundamental rights and constitutional provisions.
Supplementary Rules:
If statutory language is unclear, interpretation can be supplemented by customary law, general principles of law, and sometimes international law (especially EU/EEA law influences).
Summary
In Norway, interpretation of statutes primarily follows a textual and purposive approach, balancing the literal words with the statute’s purpose and context within the legal system. Courts rely on legislative history and Supreme Court rulings to resolve ambiguities.
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