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Constitutional Survival of War in 1814 and Union with Sweden 1814-1905 Ola Mestad Professor dr. juris Chair of the Norwegian Research Committee for the Constitution Bicentennial The Norwegian Constitution at 200 Years III Târgoviște , 1 – 4 August 2014. Chronology of 1814.
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Constitutional Survival of War in 1814 and Union with Sweden 1814-1905Ola MestadProfessor dr. jurisChair of the Norwegian Research Committee for the Constitution BicentennialThe Norwegian Constitution at 200 Years IIITârgoviște, 1 – 4 August 2014
Chronology of 1814 • 14 January Treaty of Kiel • 16 Feb Meeting of high ranking men at Eidsvoll • 10 April – 20 May The Constitutional Assembly at Eidsvoll • 17 May - The Constitution adopted • Prince Christian Frederik offered the Norwegian Crown • End July / Early August Swedish-Norwegian War • 14 August The Moss Convention on armistice • 7 Oct - 26 Nov The extraordinary Storting • 4 Nov Carl 13 of Sweden elected King of Norway
The Great Powers Intervene in June/July • The commissionaries from Britain, Russia, Austria and Prussia • To Copenhagen • To check whether the Danish King supports the Norwegian resistance • To Christiania [Oslo] • To make Norway accept the treaties • To Sweden • Conversations with Bernadotte • Mitigation
What does king Christian Frederik do? • He awaits support from Britain • He prepares the Constitution for a union with Sweden • He encourages the Norwegians to be prepared to fight • Sometimes he involves the Government, sometimes not
Sweden Goes to War • Sweden wanted its gain from Kiel • British and Swedish blockade from the spring • War from end July/First half of August • First Naval attack 26 July • Swedish-Norwegian war • No foreign troops
14 August - The Moss Convention on armistice • Complex development • Double play on both sides • Christian Frederik and his government • Bernadotte and his king and the government in Stockholm • Sweden accepted the Eidsvoll Constitution as basis for a union • Norway accepted to call the Storting and let it decide
The Moss Convention, con’t • Christian Frederik to return the Crown to the extraordinary Storting • And to let the government run the country until then • (He considers becoming Duke of Pomerania) • What is the implication ov • f returning the Crown to the Storting? • Did Sweden give up the Treaty of Kiel?
The Government rules • Does not accept negotiations with the Swedes • Appoints the Supreme Court • Organizes elections to the Storting
Elections to Parliament (the Storting) • First election under the new Constitution • 7 October - 26 November - The extraordinary Storting in session • 10 October – Christian Frederik lays down the Crown in the hands of the Storting • On behalf of his heirs and himself
Swedish Norwegian Negotiations • The Storting on one side • Swedish commisionairs on the other • With Bernadotte consulting closely • Both sides suggest «necessary» changes
Union or Constitution First? • The most important issue • Diiferent positions in the Storting • The 20 October decision • Norway will enter into a union if the changes to the Constitution are acceptable to the Storting • Why was this clever constitutional law?
What Changes Were Accepted • A formal union under the same king • No common ordinary institutions • Changes to the organisation of the Norwegian gvernment • Separate budgets • The King has foreign policy prerogatives in both countries • And can partly use both armies • A union for security purposes
Why did Bernadotte Give Up Many of His proposals? • Fear of the Congress of Vienna which was already in progress? • He thought he could come back and change the Constitution later • And tried in 1821/-24 • But they were all struck down
Union formally entered into 4 November 1814 • The Constitution changes adopted by the Storting • Carl 13 (of Sweden) elected as King of Norway (too), by the Storting • Was it a new constitution? • What was the basis for the union?
Norwegian-Swedish Union 1814-1905 • A union for security purposes • Joint foreign policy and nearly joint military policy • The Norwegian Constitution became Norway’s uniting point • Very few changes to the Constitution • Later, much discussion on whether the Treaty of Kiel was the true basis of the Union • In 1905, Norway stated that the joint King did not fulfill his constitutional duties anymore, and accordingly, the union was abolished