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The King is legally bound to listen to the opinions of his ministers, but the right of making Decrees according to his own judgment, is expressly reserved to him. Nor does the Constitution of Norway recognize the law of refusing countersignature, which is found for instance in the Swedish Constitution.
The change, which § 32 in the Constitution has since undergone, gives increased support to the opinion that the Prime Minister's Countersignature is intended for nothing else than a witness that the King has made a Decree of certain import.
To the circumstances that can thus be adduced against the validity, according to fundamental law, of the Prime Minister's refusal of Countersignature, and against the efficacy of the dogma that the King's Decree in order to be valid, must bear the responsibility of some member of the Cabinet, can be added, in questions touching the Union situation, two more reasons, which have their foundation in the fact that the King of Norway is also King of the Union.
If, meanwhile, the members of the Council should have the power, by refusing countersignature, to hinder every future Royal Decree, the Norwegian King would be deprived of participating in the government. This position would be as lowering to the Monarch as injurious to Norway herself.
My coronation oath and the good of the United Kingdoms prompted My Decree concerning the settlement of the Consular question, but in this I have been met, not only by the Norwegian Cabinet's refusal of Countersignature, but also the resignation of its members.
The Storthing resolved on having a separate Consular Service, the Ministers sent in their requests to resign, to avoid, as they declared, rousing a constitutional dispute on the countersignature question which might bring about consequences »that scarcely any other political question had aroused in our present constitution». This time the Conservatives stepped into the breach on behalf of the King and the Union.
The new parliamentary interpretation of these prescriptions of responsibility, especially the right of refusing countersignature, was opposed by the King, who adhered to the old only possible forms. Even in 1892 the Radical Cabinet STEEN did not venture to carry the Consular question to an extreme. They were contented to play with fire.
And that § 31 is unconditional in its prescription of the duty of the authorised countersignature of the Prime Minister is a conception that is acceded to by those writers on State law who have framed the Constitution.
A proposal was then made that Countersignature was requisite in order that the King's commands should become valid, but was opposed on the grounds that it was against the general principles of the Constitution for the division of supreme power. The same standpoint was taken in the fundamental law of the 4th November.
When the Cabinet quoted an opinion of the Norwegian government in 1847 when the proposal for a new Act of Union was under consideration, the Cabinet has overlooked, firstly, that this opinion, in a manner that applies to Swedish government regulations § 38, was intended only to refer to orders issued but not the Decree of the King included in the protocol, secondly that the Norwegian Government could not prove that the Norwegian Constitution really provided any law respecting the right to refuse countersignature.
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