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1821. Sept 15th
Collectanea Norway
The right of dismissing all public functionaries, with the exception
of all the Judges, belongs in England & France to the Executive Power;
& it ought to be there vested, in all countries in which general
affairs have a prompt & uniform impulsion. The agents of authority
are bound to support the views of the Government, for the sole
reason that the Government is bound to second them, & that the responsibility
of principal functionaries is, in fact void, wherever the
execution of their measures by subordinate agents, is obstructed by a
voluntary resistance, or even by inertness.
The power of a legal prosecution does not remedy this inconvenience.
The exist so many points of view in the discharge of a public
duty, which cannot be developed to judicial cognizance, whilst they
may be entirely satisfactory to the conscience of an enlightened
Sovereign & which becomes truly so, & not in an illusory or unjust
manner, when the Government is actually invested with the said
authority.
In tracing in these general principles a return to the Norwegian
Constitution, the King discovers other specialities which it is
very requisite should be reconciled with the principle of excluding
all pretext for intrigue or loss of time & with the exigencies of the nation
& motives of economy.
Such is the King's right of nominating the President of the Storthing
& the Presidents of its two divisions.
The nomination of individuals who are not members of the
Storthing, to the office of Secretaries.
To prescribe more precise regulations for the dispatch of business,
which by classifying the affairs to be brought before the Storthing
will prevent loss of time & the delay to the end of the Session, of
affairs often of the utmost importance.
All the above enumerated motives induce the King to propose
to the Storthing the following revision of the articles of the Constitution,
the tenor of which would then be conformable to the modifications
which his Majesty has here pointed out. His Majesty hopes
that if these propositions are adopted, the national liberties will find
in them a guarantee which they have not at this moment, tho'
they may appear to have a better. – The King has not overlooked
all that still exists contrary to the true principles of a mixed
Government; the legislature of Norway being composed of two homogeneous
parts in its formation & what is worse, in the final result
of its legislative authority; but his Majesty limits his views
for the present, to what, in his conviction, is more particularly dangerous
to the peaceable enjoyment of the rights which the King
has
Identifier: | JB/109/204/001 "JB/" can not be assigned to a declared number type with value 109.
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1821-09-15 |
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109 |
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204 |
Collectanea |
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001 |
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Collectanea |
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recto |
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C WILMOTT 1819 |
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Andreas Louriottis |
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1819 |
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35859 |
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