It was established in 1815 on the basis of section 88 in the Constitution of the Kingdom of Norway, which prescribed an independent judiciary.

In addition to serving as the court of final appeal for civil and criminal cases, it can also rule whether the Cabinet has acted in accordance with Norwegian law and whether the Parliament has passed legislation consistent with the Constitution.

Section 21 of the Norwegian Constitution grants the King of Norway sole authority to appoint judges to the Supreme Court.

In Norwegian tradition, however, this section is interpreted as delegating the privilege to the Council of State, i.e. the cabinet.

This happens when the court needs to decide if legislation conflicts with the constitution or a case involves fundamental questions.

To be eligible to apply for the position as a Supreme Court justice, the Constitution of Norway states that one must be a Norwegian citizen, have a law degree with excellent academic record and be at least 30 years old.