Epilogue

Democracy is under attack many places, and the law and the courts are often a main battlefield. Democratic decline is accompanied by rule of law backsliding. As in Norway during the battle over the penitentiary laws the courts are often the object of attack, with attempts to change the rules of the game and the appointment of judges. Rules that challenge basic elements of the rule of law may incite judges to resist in different ways. Institutions in Norway may seem stable, and the rule of law deeply embedded in the social fabric. However, the recent experience with the pandemic shows that also here fundamental principles and protections can be set aside if society is perceived to be under threat. This time the threat was not an object of political controversy of the battle between different groups of society, and there were no politicians trying to exploit the situation to their own benefit. This might not be the case the next time an emergency is called. Our way of dealing with emergencies must safeguard the rule of law under both conditions. Will our courts stand up to the test as well as they did with the penitentiary laws?