  Norway 1814 (rev. 2016)

  Subsequently amended

A. Form of government and religion

Article 1

The Kingdom of Norway is a free, independent, indivisible and inalienable Realm. Its form of government is a limited and hereditary monarchy.

Article 2

Our values will remain our Christian and humanistic heritage. This Constitution shall ensure democracy, a state based on the rule of law and human rights.

B. THE EXECUTIVE POWER, THE KING, THE ROYAL FAMILY AND RELIGION

Article 3

The Executive Power is vested in the King, or in the Queen if she has succeeded to the Crown pursuant to the provisions of Article 6 or Article 7 or Article 48 of this Constitution. When the Executive Power is thus vested in the Queen, she has all the rights and obligations which pursuant to this Constitution and the Law of the Land are possessed by the King.

Article 4

The King shall at all times profess the Evangelical-Lutheran religion.

Article 5

The King's person is sacred; he cannot be censured or accused. The responsibility rests with his Council.

Article 6

The order of succession is lineal, so that only a child born in lawful wedlock of the Queen or King, or of one who is herself or himself entitled to  the succession may succeed, and so that the nearest line shall take precedence over the more remote and the elder in the line over the younger.

An unborn child shall also be included among those entitled to the succession and shall immediately take her or his proper place in the line of succession as soon as she or he is born into the world.

The right of succession shall not, however, belong to any person who is not born in the direct line of descent from the last reigning Queen or King or a sister or brother thereof, or is herself or himself a sister or brother thereof.

When a Princess or Prince entitled to succeed to the Crown of Norway is born, her or his name and time of birth shall be notified to the first Storting in session and be entered in the record of its proceedings.

For those born before the year 1971, Article 6 of the Constitution as it was passed on 18 November 1905 shall, however, apply. For those born before the year 1990 it shall nevertheless be the case that a male shall take precedence over a female.

Article 7

If there is no Princess or Prince entitled to the succession, the King may propose his successor to the Storting, which has the right to make the choice if the King's proposal is not accepted.

Article 8

The age of majority of the King shall be laid down by law.

As soon as the King has attained the age prescribed by law, he shall make a public declaration that he is of age.

Article 9

As soon as the King, being of age, accedes to the government, he shall take the following oath before the Storting:

"I promise and swear that I will govern the Kingdom of Norway in accordance with its Constitution and Laws; so help me God, the Almighty and Omniscient."

If the Storting is not in session at the time, the oath shall be made in writing in the Council of State and be repeated solemnly by the King at the first subsequent Storting.

Article 10

(Repealed)

Article 11

The King shall reside in the Realm and may not, without the consent of the Storting, remain outside the Realm for more than six months at a time, otherwise he shall have forfeited, for his person, the right to the Crown.

The King may not accept any other crown or government without the consent of the Storting, for which two thirds of the votes are required.

Article 12

The King himself chooses a Council from among Norwegian citizens who are entitled to vote. This Council shall consist of a Prime Minister and at least seven other Members.

The King apportions the business among the Members of the Council of State, as he deems appropriate. Under extraordinary circumstances, besides the ordinary Members of the Council of State, the King may summon other Norwegian citizens, although no Members of the Storting, to take a seat in the Council of State.

Husband and wife, parent and child or two siblings may never sit at the same time in the Council of State.

Article 13

During his travels within the Realm, the King may delegate the administration of the Realm to the Council of State. The Council of State shall conduct the government in the King's name and on his behalf. It shall scrupulously observe the provisions of this Constitution, as well as such particular directives in conformity therewith as the King may instruct.

The matters of business shall be decided by voting, where in the event of the votes being equal, the Prime Minister, or in his absence the highest-ranking Member of the Council of State who is present, shall have two votes.

The Council of State shall make a report to the King on matters of business which it thus decides.

Article 14

The King may appoint State Secretaries to assist Members of the Council of State with their duties outside the Council of State. Each State Secretary shall act on behalf of the Member of the Council of State to whom he is attached to the extent determined by that Member.

Article 15

Any person who holds a seat in the Council of State has the duty to submit his application to resign once the Storting has passed a vote of no confidence against that Member of the Council of State or against the Council of State as a whole.

The King is bound to grant such an application to resign.

Once the Storting has passed a vote of no confidence, only such business may be conducted as is required for the proper discharge of duties.

Article 16

All inhabitants of the Realm shall have the right to free exercise of their religion.

The Norwegian church, an Evangelical-Lutheran church, shall remain the Norwegian National Church and will as such be supported by the State. Detailed provisions as to its system shall be laid down by law. All religious and philosophical communities were to be supported on an equal footing.

Article 17

The King may issue and repeal ordinances relating to commerce, customs, all livelihoods and the police, although these must not conflict with the Constitution or with the laws passed by the Storting (as hereinafter prescribed in Articles 76, 77, 78 and 79). They shall remain in force provisionally until the next Storting.

Article 18

As a general rule the King shall provide for the collection of the taxes and duties imposed by the Storting.

Article 19

The King shall ensure that the properties and prerogatives of the State are utilized and administered in the manner determined by the Storting and in the best interests of the general public.

Article 20

The King shall have the right in the Council of State to pardon criminals after sentence has been passed.  The criminal shall have the choice of accepting the King's pardon or submitting to the penalty imposed.

In proceedings which the Storting causes to be brought before the Court of Impeachment, no pardon other than deliverance from the death penalty may be granted, unless the Storting has given its consent thereto.

Article 21

The King shall choose and appoint, after consultation with his Council of State all senior civil and military officials. Before the appointment is made, such officials shall swear or, if by law exempted from taking the oath, solemnly declare obedience and allegiance to the Constitution and the King, although senior officials who are not Norwegian nationals may by law be exempted from this duty. The Royal Princes must not hold senior civil offices.

Article 22

The Prime Minister and the other Members of the Council of State, together with the State Secretaries, may be dismissed by the King without any prior court judgment, after he has heard the opinion of the Council of State on the subject. The same applies to senior officials employed in the Council of State offices or in the diplomatic or consular service, the highest-ranking civil officials, commanders of regiments and other military formations, commandants of forts and commanders-in-chief warships. Whether pensions should be granted to senior officials thus dismissed shall be determined by the next Storting. In the interval they shall receive two thirds of their previous pay.

Other senior officials may only be suspended by the King, and must then without delay be charged before the Courts, but they may not, except by court judgment, be dismissed nor, against their will, transferred.

All senior officials may, without a prior court judgment, be discharged from office upon attaining the statutory age limit.

Article 23

The King may bestow orders upon whomever he pleases, as a reward for distinguished services, and such orders must be publicly announced, but no rank or title other than that attached to any office. The order exempts no one from the common duties and burdens of citizens, nor does it carry with it any preferential admission to senior official posts in the State. Senior officials honourably discharged from office retain the title and rank of their office. This does not apply, however, to Members of the Council of State or the State Secretaries.

No personal, or mixed, hereditary privileges may henceforth be granted to anyone.

Article 24

The King chooses and dismisses, at his own discretion, his Royal Household and Court Officials.

Article 25

The King is Commander-in-Chief of the land and naval forces of the Realm. These forces may not be increased or reduced without the consent of the Storting. They may not be transferred to the service of foreign powers, nor may the military forces of any foreign power, except auxiliary forces assisting against hostile attack, be brought into the Realm without the consent of the Storting.

The territorial army and the other troops which cannot be classed as troops of the line must never, without the consent of the Storting, be employed outside the borders of the Realm.

Article 26

The King has the right to call up troops, to engage in hostilities in defence of the Realm and to make peace, to conclude and denounce conventions, to send and to receive diplomatic envoys.

Treaties on matters of special importance, and, in all cases, treaties whose implementation, according to the Constitution, necessitates a new law or a decision by the Storting, are not binding until the Storting has given its consent thereto.

Article 27

All Members of the Council of State shall, unless lawfully absent, attend the Council of State and no decision may be adopted there unless more than half the number of members are present.

Article 28

Proposals regarding appointments to senior official posts and other matters of importance shall be presented in the Council of State by the Member under whose department they come, and such matters shall be dealt with by him in accordance with the decision adopted in the Council of State. However, matters strictly relating to military command may, to the extent determined by the King, be excepted from proceedings in the

Article 29

If a Member of the Council of State is lawfully prevented from attending the meeting and from presenting the matters coming under his department, these may be presented by another member temporarily appointed by the King for the purpose.

If so many Members are lawfully prevented from attending that not more than half of the stipulated number are present, the requisite number of other men or women shall be temporarily appointed to take a seat in the Council of State.

Article 30

All the proceedings of the Council of State shall be entered in its records. Diplomatic matters which the Council of State decides to keep secret shall be entered in a special record. The same applies to military command matters which the Council of State decides to keep secret.

Everyone who has a seat in the Council of State has the duty frankly to express his opinion, to which the King is bound to listen. But it rests with the King to make a decision according to his own judgment.

If any Member of the Council of State is of the opinion that the King's decision conflicts with the form of government or the laws of the Realm, it is his duty to make strong remonstrances against it, as well as to enter his opinion in the records. A Member who has not thus protested is  deemed to have been in agreement with the King, and shall be answerable in such manner as may be subsequently decided, and may be  impeached by the Storting before the Court of Impeachment.

Article 31

All decisions drawn up by the King shall, in order to become valid, be countersigned. The decisions relating to military command are countersigned by the person who has presented the matter, while other decisions are countersigned by the Prime Minister or, if he has not been present, by the highest-ranking Member of the Council of State present.

Article 32

The decisions adopted by the Government during the King's absence shall be drawn up in the King's name and be signed by the Council of State.

Article 33

Norges Bank is the central bank of Norway.

Article 34

The King shall make provisions concerning titles for those who are entitled to succeed to the Crown.

Article 35

As soon as the heir to the Throne has completed her or his eighteenth year, she or he is entitled to take a seat in the Council of State, although without a vote or responsibility.

Article 36

A Princess or Prince entitled to succeed to the Crown of Norway may not marry without the consent of the King. Nor may she or he accept any other crown or government without the consent of the King and the Storting; for the consent of the Storting two thirds of the votes are required. If she or he acts contrary to this rule, they and their descendants forfeit their right to the Throne of Norway.

Article 37

The Royal Princes and Princesses shall not personally be answerable to anyone other than the King, or whomever he decrees to sit in judgment on them.

Article 38

(Repealed)

Article 39

If the King dies and the heir to the Throne is still under age, the Council of State shall immediately summon the Storting.

Article 40

Until the Storting has assembled and made provisions for the government during the minority of the King, the Council of State shall be responsible for the administration of the Realm in accordance with the Constitution.

Article 41

If the King is absent from the Realm unless commanding in the field, or if he is so ill that he cannot attend to the government, the person next entitled to succeed to the Throne shall, provided that he has attained the age stipulated for the King's majority, conduct the government as the temporary executor of the Royal Powers. If this is not the case, the Council of State will conduct the administration of the Realm.

Article 42

(Repealed)

Article 43

The choice of trustees to conduct the government on behalf of the King during his minority shall be undertaken by the Storting.

Article 44

The Princess or Prince who, in the cases mentioned in Article 41, conducts the government shall make the following oath in writing before the Storting:

"I promise and swear that I will conduct the government in accordance with the Constitution and the Laws, so help me God, the Almighty and Omniscient".

If the Storting is not in session at the time, the oath shall be made in the Council of State and later be presented to the next Storting.

The Princess or Prince who has once made the oath shall not repeat it later.

Article 45

As soon as their conduct of the government ceases, the trustees shall submit to the King and the Storting an account of the same.

Article 46

If the persons concerned fail to summon the Storting immediately in accordance with Article 39, it becomes the unconditional duty of the Supreme Court, as soon as four weeks have elapsed, to arrange for the Storting to be summoned.

Article 47

The supervision of the education of the King during his minority should, if both his parents are dead and neither of them has left any written directions thereon, be determined by the Storting.

Article 48

If the Royal Line has died out, and no successor to the Throne has been designated, then a new Queen or King shall be chosen by the Storting. Meanwhile, the Executive Power shall be exercised in accordance with Article 40.

C. Rights of citizens and the Legislative Power

Article 49

The people exercise the Legislative Power through the Storting.

Representatives to the Storting are elected through free elections and secret ballot.

Article 50

Those entitled to vote are Norwegian citizens, men and women, who, at the latest in the year when the election is held, have completed their 18th year.

The extent, however, to which Norwegian citizens, who on Election Day are resident outside the Realm but who satisfy the aforementioned conditions, are entitled to vote shall be determined by law.

Rules may be laid down by law concerning the right to vote of persons, otherwise entitled to vote, who on Election Day are manifestly suffering from a seriously weakened mental state or a reduced level of consciousness.

Article 51

The rules on the keeping of the poll list and on the registration in the poll list of persons entitled to vote shall be determined by law.

Article 52

(Repealed)

Article 53

The right to vote is lost by persons:

a.
sentenced for criminal offences, in accordance with the relevant provisions laid down by law;

b.
entering the service of a foreign power without the consent of the Government.

Article 54

The polls shall be held every fourth year. They shall be concluded by the end of September.

Article 55

The polls shall be conducted in the manner prescribed by law. Disputes regarding the right to vote shall be settled by the poll officials, whose decision may be appealed to the Storting.

Article 56

(Repealed)

Article 57

The number of representatives to be elected to the Storting shall be one hundred and sixty -nine.

The Realm is divided into nineteen constituencies.

One hundred and fifty of the representatives to the Storting are elected as representatives of constituencies and the remaining nineteen representatives are elected as members at large.

Each constituency shall have one seat at large.

The number of representatives to the Storting to be chosen from each constituency is determined on the basis of a calculation of the ratio between the number of inhabitants and surface area of each constituency and the number of inhabitants and surface area of the entire Realm, in which each inhabitant counts as one point and each square kilometre counts as 1.8 points. This calculation shall be made every eighth year.

Specific provisions on the division of the Realm into constituencies and on the allotment of seats in the Storting to the constituencies shall be determined by law.

Article 58

The polls shall be held separately for each municipality. At the polls votes shall be cast directly for representatives to the Storting, together with their proxies, to represent the entire constituency.

Article 59

The election of representatives of constituencies is based on proportional representation and the seats are distributed among the political parties in accordance with the following rules.

The total number of votes cast for each party within each separate constituency is divided by 1.4, 3, 5, 7 and so on until the number of votes cast  is divided as many times as the number of seats that the party in question may be expected to obtain. The party which in accordance with the foregoing obtains the largest quotient is allotted the first seat, while the second seat is allotted to the party with the second largest quotient, and so on until all the seats are distributed.

List alliances are not permitted.

The seats at large are distributed among the parties taking part in such distribution on the basis of the relation between the total number of votes cast for the individual parties in the entire Realm in order to achieve the highest possible degree of proportionality among the parties. The total number of seats in the Storting to be held by each party is determined by applying the rules concerning the distribution of constituency seats correspondingly to the entire Realm and to the parties taking part in the distribution of the seats at large. The parties are then allotted so many seats at large that these, together with the constituency seats already allotted, correspond to the number of seats in the Storting to which the party in question is entitled in accordance with the foregoing. If a party has already through the distribution of constituency seats obtained a greater number of seats than it is entitled to in accordance with the foregoing, a new distribution of the seats at large shall be carried out exclusively among the other parties, in such a way that no account is taken of the number of votes cast for and constituency seats obtained by the said party.

No party may be allotted a seat at large unless it has received at least four per cent of the total number of votes cast in the entire Realm.

Specific provisions concerning the distribution among the constituencies of the seats at large allotted to the parties shall be determined by law.

Article 60

Whether and in what manner those entitled to vote may deliver their ballot papers, without personal attendance at the polls, shall be determined by law.

Article 61

No one may be elected as a representative unless he or she is entitled to vote.

Article 62

Officials who are employed in government ministries, except however State Secretaries and political advisers, may not be elected as representatives. The same applies to Members of the Supreme Court and officials employed in the diplomatic or consular services.

Members of the Council of State may not attend meetings of the Storting as representatives while holding a seat in the Council of State. Nor may State Secretaries attend as representatives while holding their appointments, and political advisers in government ministries may not attend meetings of the Storting as long as they hold their positions.

Article 63

It is the duty of anyone who is elected as a representative to accept such election, unless:

a.
He is elected outside the constituency in which he is entitled to vote.

b.
He has as a representative attended all the sessions of the Storting following the previous election.

d.
He is a member of a political party and he is elected on a list of candidates which has not been issued by that party.

Rules for the time within which and the manner in which anyone who has the right to refuse election shall assert this right shall be prescribed by law.

It shall similarly be prescribed by law by what date and in which manner anyone who is elected as representative for two or more constituencies shall state which election he will accept.

Article 64

The representatives elected shall be furnished with credentials, the validity of which shall be adjudged by the Storting.

Article 65

Every representative and proxy called to the Storting shall be entitled to receive from the Treasury such reimbursement as is prescribed by law for travelling expenses to and from the Storting, and from the Storting to his home and back again during vacations lasting at least fourteen days.

He shall further be entitled to remuneration, likewise prescribed by law, for attending the Storting.

Article 66

Representatives on their way to and from the Storting, as well as during their attendance there, shall be exempt from personal arrest, unless they are apprehended in public crimes, nor may they be called to account outside the meetings of the Storting for opinions expressed there. Every representative shall be bound to conform to the rules of procedure therein adopted.

Article 67

The representatives elected in the aforesaid manner shall constitute the Storting of the Kingdom of Norway.

Article 68

The Storting shall as a rule assemble on the first weekday in October every year in the capital of the Realm, unless the King, by reason of extraordinary circumstances, such as hostile invasion or infectious disease, designates another town in the Realm for the purpose. Such a decision must be publicly announced in good time.

Article 69

When the Storting is not assembled, it may be summoned by the King if he finds it necessary.

Article 70

(Repealed)

Article 71

The members of the Storting function as such for four successive years.

Article 72

(Repealed)

Article 73

The Storting nominates a President, five Vice-Presidents and two Secretaries. The Storting may not hold a meeting unless at least half of its Members are present. However, Bills concerning amendments to the Constitution may not be dealt with unless at least two thirds of the Members of the Storting are present.

Article 74

As soon as the Storting is constituted, the King, or whoever he appoints for the purpose, shall open its proceedings with a speech, in which he shall inform it of the state of the Realm and of the issues to which he particularly desires to call the attention of the Storting. No deliberations may take place in the presence of the King.

When the proceedings of the Storting have been opened, the Prime Minister and the Members of the Council of State have the right to attend the Storting and, like its Members, although without voting, to take part in any proceedings conducted in open session, while in matters discussed in closed session only insofar as permitted by the Storting.

Article 75

It devolves upon the Storting:

a.
to enact and repeal laws; to impose taxes, dues, customs and other public charges, which shall not, however, remain operative beyond 31 December of the succeeding year, unless they are expressly renewed by a new Storting;

b.
to raise loans in the name of the Realm;

c.
to supervise the monetary affairs of the Realm;

d.
to appropriate the moneys necessary to meet government expenditure;

e.
to decide how much shall be paid annually to the King for the Royal Household, and to determine the Royal Family's appanage which may not, however, consist of real property;

f.
to have submitted to it the records of the Council of State, and all public reports and documents;

g.
to have communicated to it the conventions and treaties which the King, on behalf of the State, has concluded with foreign powers;

h.
to have the right to require anyone, the King and the Royal Family excepted, to appear before it on matters of State; the exception does not, however, apply to the Royal Princes if they hold any public office;

i.
to review the provisional lists of salaries and pensions and to make therein such alterations as it seems necessary;

j.
(repealed)

k.
to appoint five auditors, who shall annually examine the State Accounts and publish extracts of the same in print, for which purpose the Accounts shall be submitted to the auditors within six months of the end of the year for which the appropriations of the Storting have been made, and to adopt provisions concerning the procedure for authorizing the accounts of government accounting officials;

l.
to appoint a person, not a member of the Storting, in a manner prescribed by law, to supervise the public administration and all who work in its  service, to assure that no injustice is done against the individual citizen;

m.
to naturalize aliens.

Article 76

Every Bill shall first be proposed in the Storting, either by one of its own Members, or by the Government through a Member of the Council of State.

Once the Bill is passed there, a new deliberation is to take place in the Storting, which either approves or rejects it. In the latter case the Bill, with the comments appended by the Storting, shall again be taken into consideration by the Storting, which either shelves the Bill or approves it with the said comments.

Between each such deliberation there shall be an interval of at least three days.

Article 77

When a Bill has been approved by the Storting in two consecutive meetings, it is sent to the King with a request that it may receive the Royal Assent.

Article 78

If the King assents to the Bill, he appends his signature, whereby it becomes law.

If he does not assent to it, he returns it to the Storting with a statement that he does not for the time being find it expedient to give his assent. In that case the Bill must not again be submitted to the King by the Storting then assembled.

Article 79

If a Bill has been passed unaltered by two sessions of the Storting, constituted after two separate successive elections and separated from each  other by at least two intervening sessions of the Storting, without a divergent Bill having been passed by any Storting in the period between the  first and last adoption, and it is then submitted to the King with a petition that His Majesty shall not refuse his assent to a Bill which, after the  most mature deliberation, the Storting considers to be beneficial, it shall become law even if the Royal Assent is not accorded before the Storting  goes into recess.

Article 80

The Storting shall remain in session as long as it deems it necessary and shall terminate its proceedings when it has concluded its business.

In accordance with the rules of procedure adopted by the Storting, the proceedings may be resumed, but they shall terminate not later than the last Sunday in the month of September.

Within this time the King shall communicate his decision with regard to the Bills that have not already been decided (cf. Articles 77 to 79), by either confirming or rejecting them. All those which he does not expressly accept are deemed to have been rejected by him.

Article 81

All Acts (with the exception of those mentioned in Article 79) are drawn up in the name of the King, under the seal of the Realm of Norway, and  in the following terms; "We, X, make it publicly known: that the decision of the Storting of the date stated has been laid before Us: (here follows  the decision). In consequence whereof We have assented to and confirmed, as We hereby do assent to and confirm the same as Law under Our Hand and the Seal of the Realm."

Article 82

The Government is to provide the Storting with all information that is necessary for the proceedings on the matters it submits. No Member of the Council of State may submit incorrect or misleading information to the Storting or its bodies.

Article 83

The Storting may obtain the opinion of the Supreme Court on points of law.

Article 84

The Storting shall meet in open session, and its proceedings shall be published in print, except in those cases where a majority decides to the contrary.

Article 85

Any person who obeys an order, the purpose of which is to disturb the liberty and security of the Storting, is thereby guilty of treason against the Country.

D. The Judicial Power

Article 86

The Court of Impeachment pronounces judgment in the first and last instance in such proceedings as are brought by the Storting against Members of the Council of State or of the Supreme Court or of the Storting for criminal or other unlawful conduct in cases where they have breached their constitutional obligations.

The specific rules concerning indictment by the Storting in accordance with this Article shall be determined by law. However, the limitation period for the institution of indictment proceedings before the Court of Impeachment may not be set at less than 15 years.

The judges of the Court of Impeachment comprise six Members elected by the Storting and the five longest-serving, permanently appointed Members of the Supreme Court, including the President of the Supreme Court. The Storting elects the Members and their deputies for a period of six years. A Member of the Council of State or of the Storting may not be elected as a Member of the Court of Impeachment. In the Court of Impeachment the President of the Supreme Court shall preside.

Any person sitting in the Court of Impeachment who has been elected by the Storting shall not lose his seat in the Court if the period for which he is elected expires before the Court of Impeachment has concluded the proceedings in the case. Nor shall a Justice of the Supreme Court who is a Member of the Court of Impeachment lose his seat in the Court, even if he resigns as a Member of the Supreme Court.

Article 87

Specific provisions as to the composition of the Court of Impeachment and its procedures shall be laid down by law.

Article 88

The Supreme Court pronounces judgment in the final instance. Nevertheless, limitations on the right to bring a case before the Supreme Court may be prescribed by law.

The Supreme Court shall consist of a President and at least four other Members.

Article 89

In matters before the courts, the courts have the right and duty to review whether laws and other decisions made by the State authorities are contrary to the Constitution.

Article 90

The judgments of the Supreme Court may in no case be appealed.

Article 91

No one may be appointed a member of the Supreme Court before reaching 30 years of age.

E. Human Rights

Article 92

The authorities of the State shall respect and secure the human rights as they are written in this Constitution and in the treaties of human rights that are binding for Norway.

Article 93

Every human has the right to life. No one can be sentenced to death. No one must be subjected to torture or other inhuman or degrading treatment or punishment. No one shall be held in slavery or forced labour. The authorities of the State shall protect the right to life and oppose torture, slavery, forced labour and other forms of inhuman or degrading treatment.

Article 94

No one must be imprisoned or otherwise be deprived of their liberty except in cases determined by law and in the manner the law prescribes. The deprivation of liberty must be necessary and cannot constitute an unreasonable encroachment.

The person in custody shall as soon as possible be presented to a court of law. Others who have been deprived of their liberty, can have their deprivation tried before the courts without ungrounded delay.

Those who have unjustly arrested someone or kept someone illegally imprisoned are accountable to that person.

Article 95

Everyone has the right to have their case decided by an independent and impartial court within a reasonable time. The trial shall be fair and public. The court may still close the courtroom if the interests of the parties’ privacy or other substantial public interests make it necessary.

The authorities of the State shall secure the independence and impartiality of the courts and the judges.

Article 96

No one may be convicted except according to law, or be punished except after a court judgment.

Everyone has the right to be presumed innocent until proven guilty according to law.

No one can be sentenced to forfeit immovable property or all of their assets, unless these values have been used for or are the result of an unlawful act.

Article 97

No law must be given retroactive effect.

Article 98

All are equals before the law.

No person must be subject to unfair or unreasonable discrimination.

Article 99

(Repealed)

Article 100

There shall be freedom of expression.

No person may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual's freedom to form opinions. Such legal liability shall be prescribed by law.

Everyone shall be free to speak his mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.

Prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. Censorship of letters may only be imposed in institutions.

Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons.

It is the responsibility of the authorities of the State to create conditions that facilitate open and enlightened public discourse.

Article 101

Everyone has the right to form, join and withdraw from organizations, herein labour organizations and political parties.

Everyone can meet in peaceful assembly and demonstrations.

The Government is not entitled to employ military force against citizens of the State, except in accordance with law, unless any assembly disturbs the public peace and does not immediately disperse after the provisions regarding riot, loudly and clearly, have been read out to the assembly three times by the civil authority.

Article 102

Everyone has the right to respect for his private and family life, his home and his correspondence. Search of private homes shall not be made except in criminal cases.

The authorities of the State shall secure the protection of personal integrity.

Article 103

(Repealed)

Article 104

Children have the right to be respected for their human value. They have the right to be heard in questions regarding themselves, and their opinion shall be given due weight in accordance with their age and maturity.

In actions and decisions regarding a child, the best interests of the child shall be a fundamental concern.

Children have the right to protection of their personal integrity. The authorities of the State shall create conditions enabling the child’s development, hereunder secure the necessary economic and social safety, as well as the necessary standard of health, for the child; preferably within its own family.

Article 105

If the welfare of the State requires that any person shall surrender his movable or immovable property for the public use, he shall receive full compensation from the Treasury.

Article 106

Everyone who has legal residency in the realm may freely move within its borders and choose their place of residence there.

No one can be denied leaving the realm unless it is necessary with regards to effective prosecution or compulsory military service. Norwegian citizens may not be denied access to the realm.

Article 107

(Repealed)

Article 108

It is the responsibility of the authorities of the State to create conditions enabling the Sami people to preserve and develop its language, culture and way of life.

Article 109

Everyone has the right to education. Children have the right to receive basic education. The education shall preserve the individual's abilities and needs, and further their respect for democracy, rule of law and human rights.

The authorities of the State shall secure the access to secondary education, and equal opportunities to higher education on the basis of qualifications.

Article 110

The authorities of the State shall create conditions enabling every person capable of work to earn a living by working or doing business. Whoever is unable to provide for themselves has the right to support from the state.

Specific provisions concerning the right of employees to co-determination at their work place shall be laid down by law.

Article 111

(Repealed)

Article 112

Every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved. Natural resources should be made use of on the basis of comprehensive long-term considerations whereby this right will be safeguarded for future generations as well.

In order to safeguard their right in accordance with the foregoing paragraph, citizens are entitled to be informed of the state of the natural environment and of the effects of any encroachments on nature that are planned or commenced.

The State authorities shall issue further provisions for the implementation of these principles.

Article 113

The authorities of State require a provision in law to encroach on the individual.

F. General provisions

Article 114

To senior official posts in the State may be appointed only Norwegian citizens, men or women, who speak the language of the Country, and who  at the same time:

a.
either were born in the Realm of parents who were then subjects of the State;

b.
or were born in a foreign country of Norwegian parents who were not at that time subjects of another State;

c.
or hereafter have resided for ten years in the Realm;

d.
or have been naturalized by the Storting.

Others may, however, be appointed as teachers at the university and institutions of higher learning, as medical practitioners and as consuls in places abroad.

Article 115

In order to safeguard international peace and security or to promote the international rule of law and cooperation between nations, the Storting may, by a three-fourths majority, consent that an international organization to which Norway adheres or will adhere shall have the right, within objectively defined fields, to exercise powers which in accordance with this Constitution are normally vested in the Norwegian authorities, although not the power to alter this Constitution. For the Storting to grant such consent, at least two thirds of the Members of the Storting shall be present, as required for proceedings for amending the Constitution.

The provisions of this Article do not apply in cases of membership in an international organization, whose decisions only have application for Norway purely under international law.

Article 116

The purchase money, as well as the revenues of the landed property constituting ecclesiastical benefices, should be applied solely to the benefit of the clergy and to the promotion of education. The property of charitable institutions should be applied solely to the benefit of the institutions themselves.

Article 117

Allodial right and the right of primogeniture shall not be abolished. The specific conditions under which these rights shall continue for the greatest benefit of the State and to the best advantage of the rural population shall be determined by the first or second subsequent Storting.

Article 118

No earldoms, baronies, entailed estates or fideicommissa may be created in the future.

Article 119

As a general rule every citizen of the State is equally bound to serve in the defence of the Country for a specific period, irrespective of birth or fortune.

The application of this principle, and the restrictions to which it shall be subject, shall be determined by law.

Article 120

The form and colours of the Norwegian Flag shall be determined by law.

Article 121

If experience shows that any part of this Constitution of the Kingdom of Norway ought to be amended, the proposal to this effect shall be  submitted to the first, second or third Storting after a new General Election and be publicly announced in print. But it shall be left to the first, second or third Storting after the following General Election to decide whether or not the proposed amendment shall be adopted. Such amendment must never, however, contradict the principles embodied in this Constitution, but solely relate to modifications of particular provisions which do not alter the spirit of the Constitution, and such amendment requires that two thirds of the Storting agree thereto.

An amendment to the Constitution adopted in the manner aforesaid shall be signed by the President and the Secretary of the Storting, and shall be sent to the King for public announcement in print, as an applicable provision of the Constitution of the Kingdom of Norway.


  Oman 1996 (rev. 2011)

CHAPTER ONE. The State and the System of Governance

Article 1

The Sultanate of Oman is an Arab, Islamic, Independent State with full sovereignty and Muscat is its Capital.

Article 2

The religion of the State is Islam and Islamic Sharia is the basis for legislation.

Article 3

The official language of the State is the Arabic language.

Article 4

The Law determines the Flag, Emblem, Insignia and National Anthem of the State.

Article 5

The system of governance is Sultani, hereditary in the male descendants of Sayyid Turki bin Said bin Sultan, provided that whomever is to be chosen from amongst them as successor shall be a Muslim, mature, rational and the legitimate son of Omani Muslim parents.

Article 6

The Royal Family Council shall, within three days of the throne falling vacant, determine the successor to the throne.

If the Royal Family Council does not agree on a choice of a Sultan for the Country, the Defence Council together with the Chairman of Majlis Al Dawla, the Chairman of Majlis Al Shura, and the Chairman of the Supreme Court along with two of his most senior deputies, shall instate the person designated by His Majesty the Sultan in his letter to the Royal Family Council.

Article 7

The Sultan, before exercising his powers, shall, in a joint session of Majlis Oman and the Defence Council, take the following oath:

"I swear by Allah the Almighty to honour the Basic Statute of the State and the Laws and to fully safeguard the interests of the Citizens and their freedom and to preserve the independence of the Country and its territorial integrity".

Article 8

The Government shall continue to perform its functions as usual until the Sultan is chosen and exercises his authority.

Article 9

The Governance in the Sultanate shall be based upon justice, Shura and equality. The Citizens, pursuant to this Basic Statute and the conditions and provisions prescribed by the Law, shall have the right to participate in public affairs.

CHAPTER TWO. The Principles Guiding the Policy of the State

Article 10

The Political Principles:

•
Preserving the independence and sovereignty of the State and safeguarding its entity, security, stability and defending it against all aggression.

•
Reinforcing ties of cooperation and reaffirming friendly relations with all states and nations on the basis of mutual respect, common interest, non-interference in the internal affairs and adherence to the international and regional charters and treaties and the generally recognized principles of international law conducive to the advancement of peace and security among states and nations.

•
Laying suitable foundations for consolidating the pillars of genuine Shura emanating from the heritage of the Nation, its values and Islamic Sharia, taking pride in its history and adopting the useful contemporary means and instruments.

•
Establishing a sound administrative system that guarantees justice, tranquillity and equality for the Citizens and ensures respect for the public order and the preservation of the supreme interests of the State.

Article 11

The Economic Principles

•
The national economy is based on justice and the principles of free economy. Its essence is the constructive and fruitful cooperation between public and private activity. Its objective is the achievement of economic and social development in order to increase production and raise the standard of living of the Citizens according to the general plan of the State and within the limits of the Law.

•
Freedom of economic activity is guaranteed within the limits of the Law, the public interest, and in a manner that ensures the integrity of the national economy. The State encourages savings and supervises the regulation of credit.

•
All natural wealth and resources thereof are the property of the State, which shall preserve and utilise them in the best manner taking into consideration the requirements of the security of the State and the interests of the national economy. No concession or investment of any public resource of the Country shall be granted except by virtue of a law, for a limited period of time, and in a manner that preserves national interests.

•
Public property is inviolable, the State shall protect it, and Citizens and residents shall preserve it.

•
Private ownership is safeguarded and no one shall be prevented from disposing of his property except within the limits of the Law. No property shall be expropriated except for the public interest in cases stipulated by the Law and in the manner specified therein, provided that the person dispossessed shall be fairly compensated. Inheritance is a right governed by Islamic Sharia.

•
General confiscation of property is prohibited. The penalty of specific confiscation shall only be imposed by virtue of a judicial decision and in such circumstances as prescribed in the Law.

•
Taxes and general charges are based on justice and the development of the national economy.

•
Imposition, amendment, and abolition of public taxes, shall only be by virtue of a law and no one is exempted from paying all taxes or part thereof except in the circumstances prescribed in the Law. It is not permissible to introduce a new tax, fee or any right of any type whatsoever with retrospective effect.

Article 12

The Social Principles

•
Justice, equality, and equal opportunities between Omanis are pillars of the Society guaranteed by the State.

•
Collaboration and compassion are intimate bonds amongst the Citizens. The reinforcement of the national unity is a duty. The State shall prevent anything that might lead to division, discord or disruption of the national unity.

•
The family is the basis of the society and the Law regulates the means for protecting it, preserving its legitimate entity, strengthening its ties and values, safeguarding its members and providing suitable conditions to develop their potential and capabilities.

•
The State guarantees aid for the Citizen and his family in cases of emergency, sickness, disability, and old age according to the social security scheme. The State shall work for the solidarity of the Society in bearing the burdens resulting from national disasters and catastrophes.

•
The State is responsible for public health and the means of prevention and treatment of diseases and epidemics. The State endeavours to provide healthcare for every Citizen and encourages the establishment of private hospitals, polyclinics and medical institutions to be under its supervision and in accordance with regulations determined by the Law. The State also works for the conservation of the environment, its protection, and the prevention of pollution.

•
The State enacts laws for the protection of the employee and the employer and regulates the relationship between them. Every Citizen has the right to engage in the work of his choice within the limits of the Law. It is not permissible to impose any compulsory work on anyone except by virtue of a law, for rendering a public service, and for a fair remuneration.

•
Public employment is a national service entrusted to those who carry it out. The State employees, while carrying out their work, shall pursue the public interest and service of the Society. Citizens are considered equal in taking up public employment in accordance with the provisions stipulated by the Law.

Article 13

The Cultural Principles

•
Education is a cornerstone for the progress of the Society which the State fosters and endeavours to disseminate and make accessible to all.

•
Education aims to raise and develop the general cultural standard, promote scientific thought, kindle the spirit of research, respond to the requirements of economic and social plans, and build a generation that is physically and morally strong, which takes pride in its Nation, Country, and heritage and preserves its achievements.

•
The State shall provide public education, work to combat illiteracy, and encourage the establishment of private schools and institutes under its supervision in accordance with the provisions of the Law.

•
The State shall foster and preserve the national heritage, encourage the sciences, arts, literature, scientific research and assist in their dissemination.

Article 14

The Security Principles

•
Peace is the objective of the State, and the safety of the Nation is a duty incumbent on every Citizen. The Defence Council shall undertake the consideration of the matters related to preserving the safety of the Sultanate and the defence thereof.

•
Only the State establishes the armed forces, public security authorities and any other forces. All these forces belong to the Nation and their mission is to protect the State, ensure the safety of its territories, and guarantee the security and tranquillity of the Citizens. It is not permissible for any authority or group to establish military or paramilitary formations. The Law shall regulate the military service, general or partial mobilization, and the rights, duties, and rules of discipline of the armed forces, public security authorities, and any other forces the State decides to establish.

CHAPTER THREE. The Public Rights and Duties

Article 15

Nationality is regulated by the Law and it is not permissible to denaturalise or revoke it except within the limits of the Law.

Article 16

It is not permissible to deport, exile, or prevent Citizens from returning to the Sultanate.

Article 17

All Citizens are equal before the Law and share the same public rights and duties. There shall be no discrimination amongst them on the ground of gender, origin, colour, language, religion, sect, domicile, or social status.

Article 18

Personal freedom is guaranteed according to the Law, and it is not permissible to arrest a person, search, detain, imprison, subject to residence detention, or restrict his freedom of residency or movement except in accordance with the provisions of the Law.

Article 19

It is not permissible to detain or imprison in places other than those designated for such purpose under the laws of prisons, where health and social care are provided.

Article 20

No person shall be subjected to physical or psychological torture, inducement or demeaning treatment. The Law stipulates punishment of whomever commits such acts. Any statement or confession proven to have been obtained under torture, inducement, demeaning treatment, or the threat of any of these acts, shall be deemed void.

Article 21

There shall be no crime except by virtue of a Law. There shall be no punishment, except for acts subsequent to the entry into force of the Law wherein such acts are stated. Punishment shall be personal.

Article 22

The accused is innocent until proven guilty in a legal trial in which the essential guarantees to exercise his right of defence in accordance with the Law are guaranteed. It is not permissible to harm an accused either bodily or mentally.

Article 23

The accused has the right to appoint a person capable of undertaking his defence during the trial. The Law shall define the circumstances where the presence of a lawyer on behalf of the accused is required, and shall ensure, for those who are financially unable, the means to seek judicial redress and defend their rights.

Article 24

Any person who is arrested or detained shall immediately be informed of the reasons for his arrest or detention. He has the right to contact whomever he wants to inform him of what has taken place or to get his assistance in the manner regulated by the Law, and he shall be promptly informed of the charges against him. He or his representative shall have the right to petition the court against the action restricting his personal freedom. The Law shall regulate the right of petition in a manner which ensures that the disposal of the petition will be within a specified period, failing which he must be released.

Article 25

Litigation is a protected right and it is guaranteed to all people. The Law shall prescribe the procedures and conditions necessary to exercise this right, and the State shall guarantee, as far as possible, the approximation of judicial authorities to litigants and the prompt settlement of cases.

Article 26

It is not permissible to conduct any medical or scientific experiment on any human being without his free consent.

Article 27

Residences are inviolable. It is not permissible to enter them without the permission of their residents, except in the cases specified by the Law and in the manner stipulated therein.

Article 28

The freedom to practice religious rites according to recognised customs is protected, provided it does not violate the public order or contradict morals.

Article 29

The freedom of opinion and expression thereof through speech, writing and other means of expression is guaranteed within the limits of the Law.

Article 30

The freedom of correspondence by post, telegraph, telephone conversations, and other means of communication is protected and its confidentiality is guaranteed. It is not permissible to monitor, search, disclose the confidentiality of, delay, or confiscate the same, except in cases specified by the Law and in accordance with the procedures stated therein.

Article 31

The freedom of the press, printing, and publishing is guaranteed according to the terms and conditions prescribed by the Law. Anything that leads to discord, affects the security of State, or prejudices human dignity or rights, is prohibited.

Article 32

The Citizens have the right to assemble within the limits of the Law.

Article 33

The freedom of forming societies on national basis, for legitimate objectives, by peaceful means, and in a manner that does not conflict with the provisions and objectives of this Basic Statute, is guaranteed in accordance with the terms and conditions prescribed by the Law. It is prohibited to form societies the activity of which is adverse to the order of society, secretive, or of a military nature. It is not permissible to force anyone to join any society.

Article 34

The Citizens have the right to address public authorities on personal matters or matters in connection with public affairs, in the manner and conditions specified by the Law.

Article 35

Every foreigner who is legally present in the Sultanate shall enjoy protection for himself and his property in accordance with the Law. He shall observe the values of the Society and respect the traditions and sentiments thereof.

Article 36

The extradition of political refugees is prohibited. Laws and international treaties shall determine the rules for the extradition of criminals.

Article 37

Defending the Nation is a sacred duty, and coming forward to serve the armed forces is an honour for the Citizens regulated by the Law.

Article 38

Preserving the national unity and safeguarding the secrets of the State is a duty incumbent upon every Citizen.

Article 39

Paying taxes and public dues is a duty according to the Law.

Article 40

Respecting the Basic Statute of the State, the Laws and orders issued by the public authorities in their implementation thereof, observing public order, and respecting public morals is a duty incumbent upon all residents of the Sultanate.

CHAPTER FOUR. The Head of State

Article 41

His Majesty the Sultan is the Head of State and the Supreme Commander of the Armed Forces, his person is inviolable, respect of him is a duty, and his command is obeyed. He is the symbol of national unity and the guardian of the preservation and the protection thereof.

Article 42

His Majesty the Sultan discharges the following functions:

•
Preserving the independence of the Country and its territorial integrity, protecting its internal and external security, safeguarding the rights and freedoms of the Citizens, ensuring the rule of law, and directing the general policy of the State.

•
Taking prompt measures to counter any danger threatening the safety of the Sultanate, its territorial integrity, or the security and the interests of its people, or hindering the institutions of the State from performing their functions.

•
Representing the State internally and towards other states in all international relations.

•
Presiding over the Council of Ministers or appointing a person to preside.

•
Presiding over the Specialized Councils or appointing a person to preside.

•
Establishing and regulating the units of the administrative apparatus of the State and the abolishment thereof.

•
Appointing Deputies to the Prime Minister, Ministers, and their equivalents and relieving them of their office.

•
Appointing Undersecretaries of ministries, Secretaries-General, and their equivalents and relieving them of their office.

•
Appointing senior judges and relieving them of their office.

•
Declaring state of emergency, general mobilisations, war, and concluding peace. The Law specifies the rules thereof.

•
Promulgating and ratifying Laws.

•
Signing international conventions and treaties according to the provisions of the Law or authorising their signature and promulgating Decrees ratifying the same.

•
Appointing political representatives to other states and international organisations and relieving them of their office according to the limits and conditions prescribed by the Law, as well as accepting the credentials of representatives of other states and international organisations.

•
Pardoning or commuting any penalty.

•
Conferring orders of honour and military ranks.

Article 43

His Majesty the Sultan shall be assisted in formulating and implementing the general policy of the State by a council of ministers and specialised councils.

Article 44

The Council of Ministers is the authority entrusted with the implementation of the general policies of the State and in particular undertakes the following:

•
Submitting recommendations to His Majesty the Sultan in economic, political, social, executive, and administrative matters of concern to the Government including proposing draft laws and decrees.

•
Protecting the interests of the Citizens and ensuring the availability of the necessary services to them, and enhancing their economic, social, health, and cultural standards.

•
Determining the objectives and the general policies for economic, social, and administrative development and proposing the necessary means and measures for their implementation which ensure the best utilisation of the financial, economic and human resources.

•
Discussing development plans prepared by competent authorities after presenting them to Majlis Oman, submitting these plans to His Majesty the Sultan for approval, and following up their implementation.

•
Discussing proposals of ministries relevant to the implementation of their respective competencies and taking appropriate recommendations and decisions in this regard.

•
Supervising the functioning of the administrative apparatus of the State, following up the performance of its duties and coordinating among its units.

•
Supervising generally the implementation of the Laws, decrees, regulations, decisions, treaties, agreements and judgements of the courts in a manner that ensures adherence thereto.

•
Discharging any other competence delegated by His Majesty the Sultan or vested by the provisions of the Law.

Article 45

The Prime Minister shall preside over the meetings of the Council of Ministers and may entrust one of his Deputies to conduct the meetings which he does not attend. If the Prime Minister and his Deputies are absent His Majesty the Sultan shall authorise whom His Majesty sees appropriate to conduct the meetings.

Article 46

The meetings of the Council of Ministers shall be made valid by the presence of the majority of its members. Its deliberations shall be confidential and its decisions shall be taken by the majority of the members present.

Article 47

The Council of Ministers shall set its internal regulations, including the rules for performing the duties therein, and shall have a Secretariat General provided with a sufficient number of staff to assist it in performing its duties.

Article 48

If His Majesty the Sultan appoints a Prime Minister, his competences and powers shall be determined in the Decree appointing him.

Article 49

Any appointed Prime Minister, Deputy Prime Minister, or Minister shall be:

A.
Of Omani nationality by origin in accordance with the Law.

B.
Aged not less than thirty years of the Gregorian calendar.

Article 50

Before assuming their powers, the Prime Minister, his Deputies, and the Ministers shall take the following oath before His Majesty the Sultan:

"I swear by Allah the Almighty to be faithful to my Sultan and my Country, to honour the Basic Statute of the State and the applicable Laws of the State, to fully protect its entity and territorial integrity, to fully safeguard its interests and those of its Citizens and to perform my duties faithfully and honestly".

Article 51

The Deputies to the Prime Minister and the Ministers shall supervise the affairs of their units, implement the general policy of the Government therein, draw the guidelines of the unit and follow up the implementation thereof.

Article 52

Members of the Council of Ministers are politically collectively responsible before His Majesty the Sultan for the implementation of the general policy of the State. Each of them is individually accountable to His Majesty the Sultan for the manner in which he performs his duties and exercises his authority in his respective Ministry or unit.

Article 53

Members of the Council of Ministers shall not combine their ministerial office with chairmanship of or membership to a board of directors of any public joint-stock company. The Government units which they are in charge of or supervise shall not deal with any company or establishment in which they have a direct or indirect interest. They shall always, by their conduct, pursue the interests of the Country and work in furtherance of the public benefit. They shall not exploit their official positions in any manner whatsoever whether for their own benefit or for the benefit of those with whom they have a special relation.

Article 54

Emoluments of the Deputies of the Prime Minister and the Ministers during their term of office and after their retirement shall be determined by the orders of His Majesty the Sultan.

Article 55

The provisions of Articles (49), (50), (51), (52), (53), and (54) shall apply to all those of a rank of Minister.

Article 56

The Specialised Councils shall be established, their powers specified, and their members appointed by virtue of Royal Decrees. The said Councils shall be associated with the Council of Ministers unless their establishing Decrees state otherwise.

Article 57

The Law shall prescribe the provisions concerning the following matters and the authorities responsible thereof:

•
Collecting taxes, fees, and other public monies and the procedures for their disbursement.

•
Maintaining and managing the property of the State, the conditions for its disposal and the limits within which part of these properties can be assigned.

•
The General Budget of the State and the Final Account.

•
The autonomous and supplementary general budgets and their final accounts.

•
The financial auditing of the State.

•
Loans extended or obtained by the State.

•
Currency, banks, standards, measures, and weights.

•
Affairs of salaries, pensions, compensation, subsidies, and rewards charged to the Treasury of the State.

CHAPTER FIVE. Majlis Oman

Article 58

Majlis Oman shall consist of:

1.
Majlis Al Dawla.

2.
Majlis Al Shura

Article 58bis

Majlis Al Dawla shall consist of a chairman and members whose number, inclusive of the Chairman, shall not exceed the total number of members of Majlis Al Shura, and whom shall be appointed by virtue of a Royal Decree.

Article 58bis 1

Members of Majlis Al Dawla shall be selected from the following categories:

•
Former Ministers, Undersecretaries of the ministries, and their equivalents.

•
Former ambassadors.

•
Former senior judges.

•
Retired senior officers.

•
Those who are known for their competence and experience in the fields of science, arts, and culture, and professors of universities, colleges, and higher institutes.

•
Dignitaries and businessmen.

•
Persons who had performed great services to the Nation.

•
Whomever His Majesty the Sultan chooses and who does not fall under the previous categories.

Article 58bis 2

Without prejudice to Article 58 (bis1), whomever is chosen as a member of Majlis Al Dawla shall be:

•
An Omani national.

•
Aged not less than forty years of the Gregorian calendar on the date of appointment.

•
Never sentenced to a felony or crime involving moral turpitude or trust, even if he was rehabilitated.

•
Not affiliated to a security or military authority.

•
Not interdicted by a judicial judgment.

•
Not suffering from a mental illness.

Article 58bis 3

The term of Majlis Al Dawla shall be four years of the Gregorian calendar commencing from the date of its first meeting, provided that in all cases it shall not be less than the term of Majlis Al Shura.

Article 58bis 4

Majlis Al Dawla shall, at its first session, elect from amongst its members, and for a duration identical to its term, two deputies for the Chairman. If the seat of either of them falls vacant, the Majlis shall elect another member to replace him until the end of its term. In all cases, the election shall be made by direct secret vote and the absolute majority of the members of the Majlis.

Article 58bis 5

The membership to Majlis Al Dawla shall expire due to one of the following reasons:

•
Expiry of the term of the Majlis.

•
Relief from membership.

•
Death or total disability.

Article 58bis 6

A member of Majlis Al Dawla may request to be relieved from his membership to the Majlis through an appeal to the Chairman of the Majlis. The Chairman in turn shall raise this appeal to His Majesty the Sultan.

In all cases, a member of Majlis Al Dawla shall be relieved if he no longer fulfils any one of the conditions of membership upon which he was appointed, has lost confidence or esteem, or has violated the duties of membership.

Article 58bis 7

It is not permissible, except for the two categories stipulated in the fifth and eighth Clauses of Article (58)(bis 1), to combine both the membership to Majlis Al Dawla and undertaking an employment in the public sector.

Article 58bis 8

Majlis Al Shura shall consist of elected members representing all the Wilayat of the Sultanate.

The number of members of Majlis Al Shura shall be determined so that each Wilayat shall be represented by one member if that Wilayat has a population not exceeding thirty thousand on the commencement date of candidature, or two members if the Wilayat population exceeds that limit on the same date.

Article 58bis 9

The election of the members of Majlis Al Shura shall be conducted through a direct secret vote in accordance with the manner specified in the Election Law.

Article 58bis 10

A candidate of Majlis Al Shura shall be:

•
An Omani national by origin.

•
Aged not less than thirty years of the Gregorian calendar on the commencement date of candidature.

•
With a level of education that is not less than the General Education Diploma.

•
Never sentenced to a felony or crime involving moral turpitude or trust, even if he was rehabilitated.

•
Enrolled in the election register.

•
Not affiliated to a security or military authority.

•
Not interdicted by a judicial judgment.

•
Not suffering from a mental illness.

It is permissible for whoever completes his membership term to run again as a candidate to Majlis Al Shura.

Article 58bis 11

The term of Majlis Al Shura shall be four years of the Gregorian calendar commencing from the date of its first meeting. The elections for the new Majlis shall take place during the last ninety days prior to the end of the current term. If the elections are not held at the end of the term of the Majlis or have been delayed for whatever reason, the Majlis shall continue until a new Majlis is elected. The term of the Majlis shall not be extended unless there is a necessity and pursuant to a Royal Decree provided that the extension shall not exceed the period of one session.

Article 58bis 12

Majlis Al Shura shall convene upon an invitation by His Majesty the Sultan in an extraordinary meeting, prior to the first session, for the purpose of electing its Chairman and two Deputies to the Chairman for a duration identical to its term. The member oldest in age shall chair this meeting. If the seat of any of them falls vacant, the Majlis shall elect a replacement until the end of its term. In all cases, the election shall be by direct secret vote and the absolute majority of the members of the Majlis.

Article 58bis 13

If the seat of any member of Majlis Al Shura falls vacant prior to the expiry of its term, the seat shall be occupied by one of the candidates from the same Wilayat in accordance with their sequence in the election results for the Majlis for that same term so that the candidate with the most votes acquired shall be put forward, and that is within a period of sixty days from the date of informing the Majlis of the vacancy of the seat. The term of the new member shall be in continuation of the term of his predecessor. This seat shall not be occupied if it falls vacant within the six months preceding the date of expiry of the term of the Majlis.

Article 58bis 14

The supervision of the elections of Majlis Al Shura and the disposal of electoral challenges shall be undertaken by a supreme committee that enjoys independence and neutrality, and chaired by one of the deputy presidents of the Supreme Court. The Law shall prescribe the manner of its formation, its competences, and the regulations for its functions.

Article 58bis 15

The membership to Majlis Al Shura shall expire for any one of the following reasons:

•
Expiry of the term of the Majlis.

•
Resignation.

•
Death or total disability.

•
Revocation of membership.

•
Dissolution of the Majlis.

Article 58bis 16

The resignation from the membership of Majlis Al Shura shall be submitted in writing to the Chairman to present it to the Majlis to decide its acceptance or rejection. The internal regulations of the Majlis shall regulate the provisions relating to this matter.

Article 58bis 17

The membership of a member to Majlis Al Shura shall not be revoked unless the member loses one of the conditions on which he had been elected, violates his membership duties, or loses confidence or esteem. The membership shall be revoked by a resolution from the Majlis by the majority of two thirds of its members.

Article 58bis 18

It shall not be permissible to combine both the membership to the Majlis and employment in the public sector. In case a public employee is elected to the membership of the Majlis, his service shall be considered terminated from the date of the announcement of the results, and in case of a challenge to his membership he shall retain his employment without remuneration until a final decision is issued on the challenge. If the decision is made to invalidate his membership and annul the decision of his win, he shall return to his employment and his remuneration shall be paid to him from the date of his return to work. If the challenge is rejected, his service shall be terminated from the date of the announcement of the results, and he shall be granted an extraordinary pension specified by the Law on the condition that he has accumulated on that date a term of service for pension that is not less than ten years of the Gregorian calendar.

Article 58bis 19

His Majesty the Sultan, in circumstances His Majesty determines, may dissolve Majlis Al

Shura and call for a new election within four months from the date of dissolution.

Article 58bis 20

The members of Majlis Al Dawla and Majlis Al Shura shall swear in a public meeting, each before his respective Majlis, and prior to assuming his duties in the Majlis, the following oath:

"I swear by Allah the Almighty to be faithful to my Sultan and my Country, to honour the Basic Statute of the State and the applicable Laws, to preserve the safety of the State, the fundamental constituents of the Omani Society and its inherent values, and to perform my duties in the Majlis and its Committees faithfully and honestly."

The Chairman of Majlis Al Dawla shall swear, prior to assuming his duties in the Majlis, the oath specified in the previous paragraph before His Majesty the Sultan.

Article 58bis 21

The Chairman of Majlis Al Dawla and the Chairman of Majlis Al Shura, their deputies, and every member of the two Majlis shall pursue in the performance of their duties the interest of the Nation in accordance with the Laws in force. They shall not exploit their membership in any manner for their own interest or for the interest of those related to them or with whom they have a special relationship. The Law shall determine the acts that they shall not undertake.

Article 58bis 22

A member of Majlis Al Dawla or Majlis Al Shura shall not be liable for opinions or statements he expresses before the Majlis or its Committees on issues that fall within the scope of the competences of the Majlis.

Article 58bis 23

Except in the case of flagrante delicto, no punitive action shall be taken against a member of Majlis Al Dawla or Majlis Al Shura during the annual session except with the prior permission from the Majlis concerned. The permission shall be issued by the Chairman of the concerned Majlis when it is not in session.

Article 58bis 24

It is not permissible to combine memberships to both Majlis Al Dawla and Majlis Al Shura.

Article 58bis 25

Majlis Al Dawla and Majlis Al Shura shall each issue its respective internal regulations.

These regulations shall prescribe the procedures for performing the duties of the Majlis and its Committees, maintenance of order, principles of discussion and voting, the method of questioning in relation to Majlis Al Shura, and other prerogatives stipulated for the members and the penalties that may be imposed on a member in violation of the procedures for performing the duties in the Majlis or failure to attend the meetings of the Majlis or its Committees without an acceptable excuse.

Article 58bis 26

Majlis Oman shall have an ordinary session of not less than eight months per year, to be convened upon a summoning from His Majesty the Sultan during the month of November every year. It is not permissible for the session to go on recess prior to the approval of the annual budget of the State.

Article 58bis 27

As an exception to the provisions of Article (58) (bis 26) His Majesty the Sultan shall summon Majlis Oman for its first meeting following the general elections of Majlis Al Shura within a month from the date of the declaration of the results of that election.

Article 58bis 28

His Majesty the Sultan may summon Majlis Oman, outside the regular session, to convene in circumstances which His Majesty determines.

Article 58bis 29

The summoning to Majlis Oman to convene in ordinary or extraordinary sessions and its adjournment shall be in accordance with an appropriate legal instrument.

Article 58bis 30

Majlis Al Dawla and Majlis Al Shura shall convene their sessions at their seats in the city of Muscat and His Majesty the Sultan may summon either to convene at any other location.

Article 58bis 31

The sessions of Majlis Al Dawla and Majlis Al Shura shall be public. Closed sessions may be convened in circumstances that so require by the agreement between the Council of Ministers and either of the two Majlis.

Article 58bis 32

The validity of a meeting of Majlis Al Dawla and Majlis Al Shura requires the presence of the majority of the members, including the Chairman or one of his Deputies. If the required number is not achieved, the meeting shall be postponed to the next meeting.

Article 58bis 33

The decisions of Majlis Al Dawla and Majlis Al Shura shall be adopted by the absolute majority of the present members except in circumstances that require a special majority. In the case of a tie vote, the side that includes the Chairman shall prevail.

Article 58bis 34

If Majlis Al Shura is dissolved, Majlis Al Dawla sessions shall be suspended.

Article 58bis 35

Draft laws prepared by the Government shall be referred to Majlis Oman for approval or amendment, and then they shall be directly submitted to His Majesty the Sultan to be promulgated.

In case of any amendments by Majlis Oman on the draft law, His Majesty the Sultan may refer it back to the Majlis for reconsideration of the amendments and then resubmission to His Majesty the Sultan.

Article 58bis 36

Majlis Oman may propose draft laws and refer them to the

Government for review, and then the Government shall return the same to the Majlis. The procedures stipulated in Article (58)(bis 35) shall be followed in approving, amending or promulgating the said draft laws.

Article 58bis 37

The draft laws shall be referred by the Council of Ministers to Majlis Al Shura, which shall decide on the draft by approval or amendment within a maximum period of three months from the date of referral. The same shall then be referred to Majlis Al Dawla which shall decide on it by approval or amendment within a maximum period of forty five days from the date of referral. If the two Majlis disagree upon the draft law, they shall hold a joint meeting under the chairmanship of the Chairman of Majlis Al Dawla and by his invitation, to discuss the differences between the two Majlis, and then vote on the draft law in the same meeting. The decisions shall be adopted by absolute majority of the members present, and in all cases the Chairman of Majlis Al Dawla shall submit the draft to His Majesty the Sultan along with the opinion of the two Majlis.

Article 58bis 38

Draft laws of an urgent nature shall be referred by the Council of Ministers to Majlis Al Shura which shall make a decision for its approval or amendment within a maximum period of one month from the date of referral and then they shall refer the same to Majlis Al Dawla which shall make a decision for approval or amendment within a maximum period of fifteen days from the referral date. The Chairman of Majlis Al Dawla shall submit the same to His Majesty the Sultan along with the opinion of the two Majlis.

Article 58bis 39

His Majesty the Sultan may promulgate Royal Decrees that have the force of law between the sessions of Majlis Oman and while Majlis Al Shura is dissolved and the sessions of Majlis Al Dawla are suspended.

Article 58bis 40

Draft development plans and the Annual Budget of the State shall be referred by the Council of Ministers to Majlis Al Shura for discussion and to make recommendations thereon within a maximum period of one month from date of referral and then the same shall be referred to Majlis Al Dawla for discussion and recommendations within a maximum period of fifteen days from the date of referral. The Chairman of Majlis Al Dawla shall return the same along with the recommendations of the two Majlis to the Council of Ministers. The Council of Ministers shall inform the two Majlis of the recommendations that were not adopted in this respect along with the reasons therefore.

Article 58bis 41

The draft economic and social agreements that the Government intends to conclude or accede to shall be referred to Majlis Al Shura for consideration and to present the findings reached on the same to the Council of Ministers to take what it deems appropriate.

Article 58bis 42

The State Financial and Administrative Audit Institution shall send a copy of its annual report to Majlis Al Shura and Majlis Al Dawla.

Article 58bis 43

Upon a request signed by at least fifteen members of Majlis Al Shura, any of the Services Ministers may be subject to interpellation on matters related to them exceeding their competences in violation of the Law. The Majlis shall discuss the same and submit its findings in this regard to His Majesty the Sultan.

Article 58bis 44

The Services Ministers shall provide an annual report to Majlis Al Shura on the implementation stages of the projects related to their Ministries. The Majlis may invite any of them to provide a statement on some matters within the competences of his Ministry, and to discuss the same with him.

CHAPTER SIX. The Judiciary

Article 59

The rule of Law shall be the basis of governance in the State. The dignity of the judiciary, and the integrity and impartiality of the judges are a guarantee for the rights and freedoms.

Article 60

The judiciary shall be independent, its authority shall be exercised by the courts in their different types and hierarchies, and their judgements shall be rendered in accordance with the Law.

Article 61

There shall be no power over judges in their ruling except for the Law. They shall be irremovable except in circumstances specified by the Law. It is not permissible for any party to interfere in lawsuits or affairs of justice, and such interference shall be considered a crime punishable by Law. The Law shall determine the conditions to be satisfied by those who exercise judicial functions, the conditions and procedures for appointing, transferring and promoting judges, the guarantees accorded to them, the circumstances where they cannot be removed from office and all other provisions relevant to them.

Article 62

The Law shall regulate the types and hierarchies of the courts and shall prescribe their functions and jurisdiction. The jurisdiction of the military courts shall be exclusively confined to military offences committed by members of the armed and security forces. Their jurisdiction shall not be extended to others except in the case of martial law and within the limits prescribed by the Law.

Article 63

The hearings of the courts shall be in public, except when the court decides to hold them in camera in the interest of the public order or morals. In all circumstances, the pronouncement of judgement shall be in open hearing.

Article 64

The Public Prosecution shall conduct criminal proceedings on behalf of Society. It shall supervise the affairs of criminal investigation and ensure the implementation of criminal laws, prosecution of offenders, and enforcement of judgements. The Law shall organise the Public Prosecution, regulate its jurisdiction, and specify the conditions and guarantees for those who exercise its functions.

Public security authorities may by virtue of a law be exceptionally entrusted with conducting criminal proceedings in cases of misdemeanours and in accordance with the conditions prescribed by the Law.

Article 65

The Law shall regulate the legal profession.

Article 66

The judiciary shall have a Supreme Council which shall supervise the proper functioning of the courts and the auxiliary bodies, and the Law shall prescribe its authorities with regard to the service affairs of judges and Public Prosecution.

Article 67

The Law shall regulate the settlement of administrative disputes through a panel or a special court whose regulation and the manner of exercising its functions shall be prescribed by the Law.

Article 68

The Law shall regulate the procedure for the settlement of conflict of jurisdiction between judicial bodies and cases of conflict of judgements.

Article 69

The Law shall define the competences of the authority responsible for providing legal opinion to the Ministries and other Government units, drafting draft laws, regulations, and decisions, and reviewing the same.

The Law shall also prescribe the manner of representing the State and all public authorities and establishments before the courts.

Article 70

The Law shall define the judicial body entrusted with the settlement of disputes pertaining to the extent of conformity of laws and regulations with the Basic Statute of the State and that the said laws and regulations do not contradict with its provisions. The

Law shall also specify the powers of such judicial body and the procedure which it shall follow.

Article 71

Judgements shall be rendered and enforced in the name of His Majesty the Sultan. Refusal or obstruction of the enforcement of these judgements by concerned public officials is a crime punishable by Law. The judgement beneficiary has the right in this case to file a criminal action directly to the competent court.

CHAPTER SEVEN. General Provisions

Article 72

The application of this Basic Statute shall not prejudice treaties and agreements the Sultanate has entered into with other countries, international institutions and organisations.

Article 73

No provision of this Basic Statute shall be suspended except during periods of martial law and within the limits prescribed by the Law.

Article 74

The Laws shall be published in the Official Gazette within two weeks from the day of their issuance. They shall come into force on the date of their publication, unless another date is stated therein.

Article 75

The provisions of the Laws shall only apply to events occurring from the date of the Laws coming into force. They shall have no effect on events prior to that date unless, otherwise stipulated therein. This exception shall not include penal, taxation and financial dues laws.

Article 76

Treaties and agreements shall not have the force of Law except after their ratification. In no case shall treaties and agreements have secret terms contradicting their declared ones.

Article 77

Whatever is stipulated by applicable laws, regulations, decrees, orders and decisions in force at the time when this Basic Statute comes into effect, shall remain in force provided that they are not in conflict with any of its provisions.

Article 78

The competent authorities shall take steps for issuance of laws necessitated by this Basic Statute within two years from the date of its coming into force.

Article 79

Laws and procedures which have the force of law shall conform to the provisions of the Basic Statute of the State.

Article 80

No authority in the State shall issue regulations, by-laws, decisions, or directives that contradict the provisions of the Laws and decrees in force, or international treaties and agreements which are part of the Law of the Country.

Article 81

This Statute shall not be amended except in the manner in which it was promulgated.