Grunde Almeland, Frode Jacobsen, and Rasmus Hansson propose a new constitutional clause governing when and how certain human rights may be suspended during war or other emergencies threatening the state. The proposers argue that codifying this power will establish clearer rules and stronger safeguards against abuse of the unwritten constitutional emergency doctrine, and present two main alternatives with different procedural requirements.
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These are the proposals in the document, not decisions. See the votes for the outcome.
Alternative 1, new § 113 b: During war or another emergency constituting a fundamental threat to the state, the Storting may suspend individual rights under the Constitution by a two-thirds majority, to the extent strictly necessary. Such decisions last no more than 30 days at a time. Rights to religious freedom (§ 16, first clause), voting rights (§ 49, first paragraph, second clause), prohibition of forced labour (§ 93, except forced labour), § 95 second paragraph, and rights regarding criminal penalties (§§ 96 and 97) cannot be suspended. If the Storting cannot convene and delay poses danger, the King may issue the same decision. The King must notify the Storting immediately; the decision lapses when the Storting can act, or after 30 days maximum. All decisions to suspend rights must be publicly announced without delay.
Alternative 2, new § 113 b: During publicly declared war or another emergency constituting a fundamental threat to the state, the Storting may suspend individual rights under the Constitution by a two-thirds majority, to the extent strictly necessary. The decision lasts 30 days. Rights to religious freedom (§ 16, first clause), voting rights (§ 49, first paragraph, second clause), prohibition of forced labour (§ 93, except forced labour), § 95 second paragraph, and rights regarding criminal penalties (§§ 96 and 97) cannot be suspended. If the Storting cannot convene and delay poses danger, the King may issue the same decision. The King must notify the Storting immediately; the decision lapses when the Storting can act, or after 30 days maximum. All decisions to suspend rights must be reasoned and publicly announced without delay. At least 20 MPs may request the Supreme Court's assessment of the suspension, which must be delivered publicly and without delay.
Alternative 3: New § 113 a with identical wording to Alternative 1.
Alternative 4: New § 113 a with identical wording to Alternative 2.