The research group’s epistemological interest
The purpose of the Research group for the rule of law is to study the quality, efficiency and legitimacy of the protection of the individual and society's interests with the ones creating and applying law: The administration, the court and the legislator.
Main content
Today there is not much research on what criterias form the basis for the assessment and definition of the quality, efficiency and legitimacy of the ones applying and creating law. Research on what makes a state a Rechtsstaat is limited. The foundation of knowledge used to understand how sectoral-divided development influence the balance of legal power in a Rechtsstaat is weak. Thus, it may seem easier to decide whether a Rechtsstaat exists or not, opposed to contributing to the creation and development of the Rechtsstaat. However, due to causes closely tied to eachother, this approach is problematic.
Europe: The rule of law is under pressure
First of all, we have during the recent years witnessed a systematic downsizing of the rule of law in several European states. The rule of law is under much pressure both in Hungary and in Poland. The value of constitutional guarantees to secure the independence of the courts has become increasingly important to assess. Our own constitution has few such guarantees. To secure the rule of law for the future of our state, we must provide a knowledge based constitutional debate.
The EU as a new transnational rule of law
Second, the EU and the Council of Europe have emerged as a new, transnational rule of law. Historically, the boundaries of the Rechtsstaat coincided with the boundaries of the national state. This changed during the last part of the 20th century. After the second World War, and especially after the fall of the Berlin wall in 1989, the rule of law has additionally been developed and enforced through the Council of Europes regime of human rights and EUs legal regime. Norway has also become a part of this growing common European rule of law. Norwegian administrative processes, court processes and legislative processes are as a consequence in a state of change, both in character and in content. This new transnational rule of law both supply and overlap the national rule of law. Several parts of this development are subject to research with the perspective of division of power, but not so much with a holistic perspective concerning the rule of law as a whole.
Norway as an exporter of the rule of law
Third, the character of the rule of law in changing also outside of Europe. Even though the discussion on the rule of law in taking place globally, the argumentative communication is often a one-way street. In the years following 1989 Norway became an exporter of the rule of law. Representatives from the police, courts, Ministry of Justice and the administrative branch have been sent to other countries to teach them the rule of law. Delegations from other countries have also been welcomed to Norway in order to learn from our rule of law. By doing so, we have conveyed our experience. However, the same experiences are not used as governing instruments in the development of the rule of law in Norway.
A research group with a holistic approach
The key purpose of the research group is to contribute to research with the use of a holistic approach to the rule of law. Our research will be especially relevant in a time when the rule of law is developed and enforced both nationally and transnationally, and fundamental principles of the rule of law are threatened in Europe.