| Constitutional Act of the Kingdom of Denmark | |
|---|---|
 Front page of the first constitution from 1849 | |
| Overview | |
| Original title | Danmarks Riges Grundlov |
| Jurisdiction | TheDanish Realm (Denmark,Greenland and theFaroe Islands) |
| Ratified | 25 May 1849 (first) 28 May 1953 (current) |
| Date effective | 5 June 1849 (first) 5 June 1953 (current) |
| System | Constitutional monarchy |
| Government structure | |
| Branches | Three (executive, legislature and judiciary) |
| Head of state | Monarch of Denmark |
| Chambers | Unicameral (Folketing) |
| Executive | Cabinet responsible to parliament |
| Judiciary | Supreme Court andothers |
| Author(s) | Constitutional Assembly of the Realm |
| Signatories | Frederik VII (first) Frederik IX (current) |
| Supersedes | King's Law (Lex Regia) |
| Full text | |
 Constitution of Denmark atWikisource | |
| Danmarks Riges Grundlov at DanishWikisource | |
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TheConstitutional Act of the Realm of Denmark (Danish:Danmarks Riges Grundlov), also known as theConstitutional Act of the Kingdom of Denmark, or simplythe Constitution (Danish:Grundloven,Faroese:Grundlógin,Greenlandic:Tunngaviusumik inatsit), is theconstitution of theKingdom of Denmark, applying equally in the Realm of Denmark:Denmark proper,Greenland and theFaroe Islands. The first democratic constitution was adopted in 1849, replacing the1665 absolutist constitution. The current constitution is from 1953. The Constitutional Act has been changed a few times. The wording is general enough to still apply today.[1]
The constitution defines Denmark as aconstitutional monarchy, governed through aparliamentary system. It createsseparations of power between theFolketing, which enact laws,the government, which implements them, andthe courts, which makes judgment about them. In addition it gives a number offundamental rights to people in Denmark, includingfreedom of speech,freedom of religion,freedom of association, andfreedom of assembly. The constitution applies to all persons in Denmark, not justDanish citizens.[2]
Its adoption in 1849 ended anabsolute monarchy and introduceddemocracy. Denmark celebrates the adoption of the Constitution on 5 June—the date in which the first Constitution was ratified—every year asConstitution Day (Danish:Grundlovsdag).
The main principle of the Constitutional Act was to limit the King's power (section 2).[3] It creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and passlegislation. The Constitution of 1849 established abicameral parliament, theRigsdag, consisting of theLandsting and theFolketing. The most significant change in the Constitution of 1953 was the abolishment of the Landsting, leaving theunicameral Folketing. It also enshrined fundamentalcivil rights, which remain in the current constitution: such ashabeas corpus (section 71),private property rights (section 72) andfreedom of speech (section 77).[3]
TheDanish Parliament (Folketinget) cannot make any laws which may be repugnant or contrary to the Constitutional Act. While Denmark has noconstitutional court, laws can be declared unconstitutional and rendered void by theSupreme Court of Denmark.
Changes to the Act must be passed by theFolketing in two consecutive parliamentary terms and then approved by the electorate through a nationalreferendum.[4]
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During thelate Middle Ages and therenaissance, the power of the king was tempered by ahåndfæstning, a coronation charter each king had to sign before being accepted as king by thenobility.[5] This tradition was abandoned in 1665 when KingFrederick III of Denmark managed to establish ahereditaryabsolute monarchy byLex Regia (The Law of The King,Danish:Kongeloven). This was Europe's only formal absolutist constitution.[6] Under Lex Regia, absolute power was inherited for almost 200 years.[7]
In the beginning of the 19th century, there was a growing democratic movement in Denmark andKing Frederick VI only made some small concessions, such as creation ofConsultative Estate Assemblies (Danish:Rådgivende Stænderforsamlinger) in 1834. But these only served to help the political movements, of which theNational Liberals and theFriends of Peasants were the forerunners.[8] WhenChristian VIII became king in 1839, he continued the political line of only making small democratic concessions, while upholding the absolute monarchy.[9]
At this time Denmark was in apersonal union between kingdom of Denmark and the duchies ofSchleswig,Holstein, andLauenburg calledThe Unitary State (Danish:Helstaten), but theSchleswig-Holstein question was causing tension. Under the sloganDenmark to theEider, the National Liberals campaigned for Schleswig to become an integral part of Denmark, while separating Holstein and Lauenburg from Denmark.[10] Holstein and Lauenburg were then part of theGerman Confederation, while Schleswig was not. On the other side, German nationalists in Schleswig were keen to keep Schleswig and Holstein together, and wanted Schleswig to join the German Confederation.[11] Christian VIII had reached the conclusion that, should the Unitary State survive, a constitution covering both Denmark, Schleswig and Holstein was necessary. Before his death in January 1848, he advised hisheirFrederick VII to create such a constitution.[9]
In March 1848 following aseries of European revolutions, the Schleswig-Holstein question became increasingly tense. Following an ultimatum from Schleswig and Holstein, political pressure from the National Liberals intensified, and Frederick VII replaced the sitting government with theMarch Cabinet, where four leaders of the Friends of Peasants and the National Liberals served, among thoseD.G. Monrad andOrla Lehmann, both National Liberals. The ultimatum from Schleswig and Holstein was rejected, and theFirst Schleswig War started.[11]
Monrad drafted the first draft of the Constitution, which was then edited by Lehmann. Sources of inspiration included theConstitution of Norway of 1814 and theConstitution of Belgium.[12] The draft was laid before theConstitutional Assembly of the Realm (Den Grundlovgivende Rigsforsamling). This assembly, which consisted of 114 members directly elected in October 1848, and 38 members appointed by Frederick VII, was overall split in three different groupings: the National Liberals, the Friends of Peasants, and the Conservatives. A key topic for discussion was the political system, and the rules governing elections.[12][13]
On 25 May 1849, the Constitutional Assembly approved the new constitution, and on 5 June 1849 it was signed by Frederick VII. For this reason, it is also known as theJune constitution.[14] Today, 5 June is known asConstitution Day.
The new constitution establish theRigsdag, abicameral parliament, with an upper house called theLandsting, and a lower house called theFolketing. While the voting rights for both chambers were the same, the elections to the Landsting was indirect, and the eligibility requirements harder. The constitution gave voting rights to 15% of the Danish population. Due to the First Schleswig war, the constitution was not put into force for Schleswig; instead this question was postponed to after the war.[14]
Following the First Schleswig war, which ended in Danish victory in 1852, theLondon Protocol reaffirmed the territorial integrity of the Unitary State, and solved an impending succession issue, since Frederick VII was childless.[15] Since the June constitution was not put into force in Schleswig, the Schleswig-Holstein question remained unsolved. Work for creating a common constitution for the Unitary State started, and in 1855 the rigsdag acceptedHelstatsforfatning (Constitution for The Unitary State), which covered affairs common to Denmark, Schleswig and Holstein. At the same time, the June constitution was limited to only be applicable in Denmark.[16]
In 1863 this constitution was changed, the new one was calledNovemberforfatningen. This was shortly beforeSecond Schleswig war, where Denmark lost control of Schleswig and Holstein, rendering the parallel constitution void.
In 1866, the defeat in theSecond Schleswig War, and the loss ofSchleswig-Holstein led to tightened election rules for the Upper Chamber, which paralyzed legislative work, leading to provisional laws.
The conservativeHøjre had pressed for a new constitution, giving the upper chamber of parliament more power, making it more exclusive and switching power to the conservatives from the original long standing dominance of theNational Liberals, who lost influence and was later disbanded. This long period of dominance of the Højre party under the leadership ofJacob Brønnum Scavenius Estrup with the backing of the kingChristian IX of Denmark was named theprovisorietid (provisional period) because the government was based on provisional laws instead of parliamentary decisions. This also gave rise to a conflict with the Liberals (farm owners) at that time and now known asVenstre (Left). This constitutional battle concluded in 1901 with the so-calledsystemskifte [da] (change of system) with the liberals as victors. At this point the king and Højre finally acceptedparliamentarism as the ruling principle of Danish political life. This principle was notcodified until the 1953 constitution.
In 1915, the tightening from 1866 was reversed, and women were given the right to vote. Also, a new requirement for changing the constitution was introduced. Not only must the new constitution be passed by two consecutive parliaments, it must also pass a referendum, where 45% of the electorate must vote yes. This meant that Prime MinisterThorvald Stauning's attempt to change the Constitution in 1939 failed.[17]
In 1920, anew referendum was held to change the Constitution again, allowing for the reunification of Denmark following the defeat of Germany inWorld War I. This followed areferendum held in the former Danish territories of Schleswig-Holstein regarding how the new border should be placed. This resulted in upper Schleswig becoming Danish, today known asSouthern Jutland, and the rest remained German.
In 1953, thefourth constitution abolished the Upper Chamber (theLandsting), giving Denmark aunicameral parliament. It also enabled females to inherit the throne (seeSuccession), but the change still favored boys over girls (this was changed by areferendum in 2009 so the first-born inherits the throne regardless of sex). Finally, the required number of votes in favor of a change of the Constitution was decreased to the current value of 40% of the electorate.
The Danish constitution consists of 89 sections, structured into 11 chapters. The Folketing have published the constitution with explanatory annotations; it is available in both Danish and English through their website.[18][19]
| Chapter | Sections | Content | |
|---|---|---|---|
| 1 | Form of government | §§ 1–4 | Denmark is aconstitutional monarchy, withseparation of powers into the three classic branches: the legislative, held by theFolketing; the executive held by thegovernment; and the judiciary, held by thecourts. The throne is inherited according to theAct of Succession, which itself has the same status as the constitution. TheChurch of Denmark is the state church. The constitution holds for the entireDanish realm. |
| 2 | The royal family | §§ 5–11 | There are a number of requirements that themonarch must live up to, most importantly they must belong to theevangelical Lutheran faith; in practice they have always have been members of the Church of Denmark. Theage of majority for the monarch is at 18 years, and the Folketing can make provisions if the monarch is incapable, minor or abroad, and choose a new monarch if there are no heirs to the throne. Royal expenses are financed throughannuities granted by the Folketing. |
| 3 | The government | §§ 12–27 | The monarch,[a] who formally holds executive power, always exercises this power through the ministers in the government, making the role of monarch fully ceremonial. Denmark employs the principle of negativeparliamentarianism, namely that no minister can remain in their post, if a majority of the Folketing opposes them. In addition ministers can be trialed at theCourt of Impeachment (§§ 59–60) for their actions while in government. Government business are discussed in the Council of State or the Council of Ministers, who today have little importance. New laws must receiveroyal assent and be proclaimed; this happens inLovtidende. Pre-constitutional laws remain in effect. Ministers have the right to propose laws and decision (in case they are not members of the Folketing), and the government is allowed to pardon criminals and mint coins. Under exceptional circumstances, the government can enact temporary laws, which must be reaffirmed by the Folketing as quickly as possible. In foreign policy, important decisions are taken by the Foreign Policy Committee in the Folketing, including the ratification of treaties, and the initiation of offensive military operations. A certain type of civil servants, known in Danish astjenestemænd (lit. servicemen), have special privileges to prevent corruption. § 20 allows Denmark to hand oversovereignty tointergovernmental organizations, which is often a requirement for joining them. This needs asupermajority of 5/6 in the Folketing, or that it is approved in a referendum. |
| 4 | Elections to the Folketing | §§ 28–34 | The Folketing consists of up to 179 members,[b] of which two are elected fromGreenland, and two from theFaroe Islands. Elections are held at least every 4 years, with thePrime Minister able to call asnap election. Elections are direct and secret, and the voting system shall ensureproportional representation. To vote you need to be a Danish citizen not underlegal guardianship, live in Denmark, and be above the voting age. The voting age was set to 23 years in a1953 referendum, but has since been lowered three times, and has been 18 years since 1978. Changes to the voting age require a referendum. All eligible to vote are eligible to run for a seat in the Folketing; however the Folketing can expel members who have been convicted of a crime, if they deem that they are "unworthy" of their seat. Acts against the security or freedom of the Folketing is high treason. |
| 5 | The Folketing | §§ 35–58 | The business year runs from the first Tuesday in October to the first Tuesday in October the next year. After a general election and at the beginning of a new business year, all unfinished business is dropped, and the Folketing starts anew. The Folketing elects aspeaker and vice chairmen, both after an election and at the beginning of each business year. A business year starts with an opening speech from the prime minister. The Folketing meets where the government resides, which is inChristiansborg Palace. The speaker calls the meetings, and are obliged to do so on request from the prime minister or two-fifths of the Folketing. Meetings are public accessible; closed meetings can be held, but the last time this happened was in 1924, during aconflict with Norway over Greenland. Aquorum consists of half of the members. Every member of the Folketing can propose laws and decisions, and only they (and ministers per § 21) can do that. All bills require threereadings before being passed into law. One-third of the Folketing can demand that an otherwise passed bill should be confirmed in a referendum, though some bills, among those fiscal bills, cannot be subject of a referendum. Each year, a finance bill, which defines the state budget, needs to be passed into law for the following fiscal year (which since 1979 has followed the calendar year). A provisional appropriations bill can be passed if the finance bill is not passed in time. A budget or a supplementary appropriation act is necessary to charge taxes and spend money, though in practice the Finance Committee have been allowed to approve extra expenditures, which are then spent before being passed into law. The public accounts shall be ready six months after the fiscal year, and are audited by the State Auditors, who are appointed by the Folketing. Members of the Folketing receive a salary, and have absolutefreedom of speech within the Folketing. In addition, they haveparliamentary immunity, except if caught in the act, though this immunity can be lifted by the Folketing. Members are not in any way bound by pledges or whattheir party says, but free to vote in any way they wish. They can ask ministers questions, who are then obliged to answer. Appointments to parliamentary committees are done through proportional representation. The Folketing appoint one or twoombudsmen; the Folketing have decided to only appoint one. The Folketing can establish parliamentary commissions for investigations, though this have only happened five times; usually commissions led by a judge is used instead. All taxes, state loans, and military inscriptions must be set in laws. Foreigners can only benaturalized by law, and only buy real-estate as permitted by law. |
| 6 | The courts | §§ 59–65 | The courts are independent of the government, though they are regulated by law. Establishing a new court to handle a specific case is not allowed. Judges answers to no-one, and in general cannot be fired or forcefully moved to a new position, unless due to a restructuring, or by verdict from other judges. Judges above 65 years can be fired, but will receive full pay until the mandatory retirement age, which is currently 70 years. It is possible to sue public agencies. The Folketing can establish special courts to handle such cases, and their verdicts can be appealed to theSupreme Court, though none have been established. Court proceedings must be as transparent as possible, andlay judges must be used in criminal cases. The specialCourt of Impeachment, which decides cases against ministers, consists of the 15 most senior Supreme Court judges and an equal amount appointed by the Folketing. The appointed judges cannot be members of the Folketing themselves, and sits for 6 years but remain on cases started before the end of their term. Cases are brought before theimpeachment court by the government or the Folketing. Only six impeachment cases have been held; the most recent as of 2022[update] was the2021 case against formerMinister for Immigration,Inger Støjberg.[21] |
| 7 | Religion | §§ 66–70 | The Church of Denmark is the state church by § 4, and the Folketing can by statue decide its constitution, but has not done so. Denmark hasfreedom of religion, and allows all to form and join religious communities, as long as they do not impinge on "good morals or public order". No-one is forced to pay to religions that are not their own, so the church tax is only paid by members of the Church of Denmark. Religious observance or race does not affect people's civic and political rights and duties. |
| 8 | Citizens' rights | §§ 71–85 | No citizen can be held in detention based on their race, religion or political views, and detention can only be used if prescribed by law. People arrested need to be put before a judge within 24 hours, known in Danish as agrundlovsforhør (lit. constitutional interrogation), which decides if theprovisional detention should be continued, and this decision can always be appealed. Special rules can apply in Greenland. Detention outside the criminal system or the immigration system, say due tomental illness, can be brought before the courts. Asearch warrant is needed to enter private property, confiscate things, or break thesecrecy of correspondence, though general exemptions can be made by law.Expropriations must be for the public good, with full compensation, and as allowed by law. Bills regarding expropriations can by 1/3 of the Folketing be delayed until passed again after a general election. All expropriations can be brought before the courts. Denmark hasfreedom of speech andfreedom of press, but some things, saylibel or breakingconfidentiality, can still be brought before a judge.Censorship is forbidden. All citizens havefreedom of association, but associations who use violence or other illegal means can be temporary banned by the government, while dissolution is tested in court. Dissolution of political association can always be appealed to the Supreme Court. Citizens havefreedom of assembly when unarmed, though danger to public order can lead to outdoor assemblies being banned. In case of riots, the police can dissolve assemblies when it "in the name of the King and the law" have requested it three times. Freedom from detention, freedom of association and freedom of assembly can be restricted for military personnel. All children have the right to freepublic education, though no duty to use it;home schooling andprivate schools are allowed. The political system shall seek to make sure that all able to work can find a job. Those unable to support themselves have the right to public support, if they submit to the related requirements. Access to professions shall only be regulated for the public good, sotrade guilds cannot regulate this themselves. Every healthy man have a duty to take part in themilitary draft. There are no privileges attached tonobility, and in the future, nofiefs orfee tails can be created.Municipalities have the right to govern themselves. |
| 9 | The Faroe Islands, Greenland and Iceland | §§ 86–87 | In Denmark, the voting age for municipally elections and elections tocongregation boards are the same as for general elections. In Greenland and the Faroe Island, it is decided by law. Icelandic citizens, who already have rights as if they were Danish citizens, retains these rights. The background for this transitional provision is that Iceland became independent from Denmark in 1918, but, asKingdom of Iceland, remained in apersonal union until 1944, when itbecame a republic. The 1918Danish–Icelandic Act of Union granted Icelandic citizens the same rights in Denmark as Danish citizens, and after the union was dissolved in 1944, these rights were limited to Icelandic citizens then living in Denmark. |
| 10 | Changes to the constitution | § 88 | All changes to the constitution requires a majority in the Folketing twice; both before and after a general election. In addition, proposed changes must achieve a majority in a referendum, where (in addition) at least 40% of all eligible voters must support the change. |
| 11 | Entry into force | § 89 | The current constitution entered into force on 5 June 1953, when published inLovtidende. TheRigsdag, the sitting bicameral legislative under the old constitution, remained in place until theSeptember 1953 general election, where theLandsting, the chamber in addition to the Folketing, was abolished. |
The Constitution establishes Denmark as aconstitutional monarchy, where themonarch serves as aceremonial Head of state. The title of monarch ishereditary and passed on to the firstborn child, withequal rights for sons and daughters.
The political system of Denmark can be described as ademocracy with aparliamentary system of governance. The powers of the state isseparated into 3 different branches. Thelegislative branch held by theFolketing, theexecutive branch held by theDanish government, and thejudicial branch held by theCourts of Denmark.
The Danish monarch,[c] as thehead of state, holds greatde jure power, butde facto only serves as a figurehead who is not interfering in politics.[22] The monarch formally holdsexecutive power and, co-jointly with theFolketing,legislative power, since each new law requiresroyal assent. By articles 12, 13 and 14, the powers vested in the monarch can only be exercised through the ministers, who are responsible for all acts, thus removing any political or legal liability from the monarch.[23][d] Article 19(2), which bans the monarch to wage war unless for defence purposes or otherwise authorized by the Folketing, is generally interpreted to refer to the monarch'ssupreme control overDefence (the armed forces), although the monarch's control over Defence is still constrained by articles 12, 13 and 14.[e] The monarch appoints the ministers after advice from thePrime Minister. The Prime Minister is itself appointed after advice from the leaders of the political parties of the Folketing, a process known as aKing's meeting (Danish:Kongerunde).[24] The monarch and the Cabinet attend regular meetings in theCouncil of State, where royal assent is given, and the monarch is regularly briefed on the political situation by the Prime Minister and Foreign minister.[25]
The Constitution requires the monarch to be a member of theEvangelical Lutheran Church, though not necessary theChurch of Denmark.[26]
The Government holds executive power, and is responsible for carrying out the acts of the Folketing. The Government does not have to pass avote of confidence before taking the seat, but any minister can be subject to a motion of no confidence. If a vote of no confidence is successfully passed against the Prime Minister, the government must resign or call asnap election.
The Folketing is the legislative branch of Denmark, and is located atChristiansborg. It consists of 179 members,[f] of which 2 members are elected inGreenland, and 2 in theFaroe Islands.General elections is nominally held every 4 years, but the Prime Minister can at any point call a snap election. All Danish citizens over the age of 18 years who are living permanently within Denmark is eligible to vote, except those placed underlegal guardianship. The same group of people is able to run for office. The electoral system is characterized as aparty-list proportional representation system, with anelection threshold on 2%. As a result, Denmark has amulti-party parliamentary system, where no single party has an absolute majority.
The session starts anew each year on the first Tuesday in October, and when interrupted by a general election; all previously unfinished business is cancelled. The Folketing then elects aspeaker, who is responsible for convening meetings. The Folketing lay down their ownrules of procedure, subject to the requirements in the Constitution. Among those, the requiredquorum of 90 members of the Folketing, and the rule that everyproposed law requires threereadings in the Folketing, before it can be passed into law.
The Folketing also have the responsibility of holding the government accountable for the governance. The members of the Folketing does this by submitting questing to the ministers and convene them to explanatory hearings. In addition, the Folketing elect a number ofState Auditors (Danish:Statsrevisorer), who has the responsibility to look through the public accounts, and check that everything is okay, and that the government only spend money approved by the Folketing. Furthermore, the Folketing also appoints anombudsman, who investigates wrongdoings by the public administrative authorities on behalf of the public.
TheCourts of Denmark are independent of the other two branches. The Constitution does not stipulate how the courts are to be organized. Instead, this is regulated by statute. In the normal court system, there are 24 District Courts, High Courts and theSupreme Court. In addition to these, there is some special courts. There are certain rights in the Constitution with respect to the judiciary system.
There is a specialCourt of Impeachment, which can prosecute ministers for their official acts.
The court system isable to perform judicial review of laws, i.e. checkif they are constitutional. This right is not included in the constitution, but was established by the Supreme Court in the beginning of the 20th century, when it decided to hear cases about the constitutionality ofland laws. While this right was contested in the beginning, the political system eventually accepted it. The Supreme Court have been reluctant to rule laws unconstitutional; the only time it have done so was in 1999, when it found that theTvind law breached the principle of separations of power. Cases about the constitutionality of laws can only be initiated by people directly affected by the laws. All can do this with respect to the Danish relation to EU, because of its wide effects on society.[28]
The Evangelical-Lutheran Church of Denmark is thestate church and is established by the Constitution. The monarch has a number of duties within the Church of Denmark and is considered its ceremonial head.[29]
The state auditors are responsible for checking the public accounts. They are supported byRigsrevisionen.
The ParliamentaryOmbudsman is an independent institution under the Folketing, in charge of investigating and inspecting public authorities.[30] It is inspired bySwedish example, and was established in 1955, following its inclusion in the 1953 constitution. The ombudsman is both appointed by and can be dismissed by the Folketing. The ombudsman cannot be a member of the Folketing themselves. While the constitution allows the Folketing to appoint two ombudsmen, by law it only appoints one.[31] The current ombudsman, as of December 2019[update], isNiels Fenger.[32]
The ombudsman handles 4,000-5,000 complains annually from the general public, and can also open cases on its own accord. In addition to that, the ombudsman have a monitoring division that inspects prisons, psychiatric institutions and social care homes.[33] Since 2012 it has also had a children's division.[30] The ombudsman cannot demand any action from the administration. It can only voice criticism and make recommendations, but these carry a lot of weight, and its recommendations are usually followed by the administration.[30][31]
The Constitution of Denmark outlines fundamental rights in sections 71–80. Several of these are of only limited scope and thus serve as a sort of lower bar. TheEuropean Convention on Human Rights was introduced in Denmark by law on 29 April 1992 and supplements the mentioned paragraphs.
Personal liberty shall be inviolable. No Danish subject shall in any manner whatever be deprived of his liberty because of his political or religious convictions or because of his descent.
The constitution guarantees the personal liberty. No citizen can be held in detention based on their race, religion or political views, and detention can only be used if prescribed by law. People arrested need to be put before a judge within 24 hours, known in Danish as agrundlovsforhør (lit. constitutional interrogation), who decides if theprovisional detention should be continued, and this decision can always be appealed. Special rules can apply in Greenland. Detention outside the criminal system or the immigration system, say due tomental illness, can be brought before the courts.[19]
The constitution guarantees theright to property. Asearch warrant is needed to enter private property, confiscate things, or break thesecrecy of correspondence, though general exemptions can be made by law.Expropriations must be for the public good, with full compensation, and as allowed by law. Bills regarding expropriations can by 1/3 of the Folketing be delayed until passed again after a general election. All expropriations can be brought before the courts.[19]
Denmark havefreedom of speech andfreedom of press, but some things, saylibel or breakingconfidentiality, can still be brought before a judge.Censorship is forbidden. §77: "Anyone is entitled to in print, writing and speech to publish his or hers thoughts, yet under responsibility to the courts. Censorship and other preventive measures can never again be introduced."[19]
There's widespread agreement in Danish legal theory that § 77 protects what is called "formal freedom of speech" (formel ytringsfrihed), meaning that one cannot be required to submit one's speech for review by authorities before publishing or otherwise disseminating it.[34] However, there is disagreement about whether or not § 77 covers "material freedom of speech" (materiel ytringsfrihed), the right to not be punished for one's speech. There is agreement that the phrasing "under responsibility to the courts" gives legislators some right to restrict speech, but conversely there have been several court decisions implying that some material freedom of speech does exist.[35] The discussion is about whether the material speech has limits or not, and if so, what those limits are.[35][36]
All citizens havefreedom of association, but associations who use violence or other illegal means can be temporarily banned by the government, while dissolution is tested in court. Dissolution of political association can always be appealed to the Supreme Court.[19]
In 1941, during theoccupation by Nazi Germany, the Rigsdag banned theCommunist Party through thecommunist law. The law also legalized existing internments of Danish communists, including members of the Folketing. Both the internments and the law broke rights in the constitution, but was justified by thenecessity of the situation.[37][38] The Supreme Court found the law constitutional; a decision that was criticized as the Supreme Court President had been involved in its creation. The case illustrated how far Danish politicians was willing to go to ensure Danish control of law enforcement, and that democracy can be stretched to ensure its continued existence.[38]
In addition to the communist law, on only two occasions have an association been forcefully dissolved. In 1874, the International Workers Organization, a precursor to theSocial Democrats, was dissolved for being revolutionary, and in 1924, the organization Nekkab was dissolved for being a meeting place forhomosexuals.[39][40] In 2020, the gangLoyal to Familia was dissolved by the Copenhagen City Court; a judgment that has been appealed. The gang was temporarily banned in 2018, and the court case – the first dissolution case against a criminal gang – was initiated.[41] Prior to this, it has been investigated ifHells Angels,Bandidos andHizb ut-Tahrir could be banned, but the conclusions was that it would be difficult to win the cases.[40][42]
Citizens havefreedom of assembly when unarmed, though danger to public order can lead to outdoor assemblies being banned. In case of riots, the police can forcefully dissolve assemblies when they have requested the crowd to disperse "in the name of the King and the law" three times.[19]
Section 4 establishes that theEvangelical Lutheran Church is "the people's church" (folkekirken), and as such issupported by the state. Freedom of religion is granted in section 67, and official discrimination based on faith is forbidden in section 70.[19]
All children have the right to freepublic education, though no duty to use it;home schooling andprivate schools are allowed. The political system shall seek to make sure that all able to work can find a job. Those unable to support themselves have the right to public support, if they submit to the related requirements. Access to professions shall only be regulated for the public good, sotrade guilds cannot regulate this themselves.[19]
Section 20 of the current constitution establishes that the delegation of specified parts of national sovereignty to international authorities requires either a 5/6supermajority in Parliament or an ordinary majority in both Parliament and the electorate. This section has been debated heavily in connection with Denmark's membership of theEuropean Union (EU), as critics hold that changing governments have violated the Constitution by surrendering too much power.
In 1996, Prime MinisterPoul Nyrup Rasmussen was sued by 12Eurosceptics for violating this section. TheSupreme Court acquitted Rasmussen (and thereby earlier governments dating back to 1972) but reaffirmed that there are limits to how much sovereignty can be surrendered before this becomes unconstitutional. In 2011, Prime MinistersLars Løkke Rasmussen faced a similar challenge when he was sued by 28 citizens for having adopted the EuropeanLisbon Treaty without a referendum. The group of professors, actors, writers and Eurosceptic politicians argued that the Lisbon Treaty hands over parts of national sovereignty to the EU and therefore a referendum should have taken place.[43] The case was later dismissed.
Section 20 was used in 1972 when Denmark, after areferendum, joined theEEC (nowEU). More recently, in 2015 an (unsuccessful)referendum was held on one of its EU-opt-outs.
As section one of the constitution states that it "shall apply to all parts of the Kingdom of Denmark", is also applies in Faroe Islands and Greenland. The Faroe Island and Greenland each elect two members to the parliament; the remaining 175 members are elected in Denmark.[19]
The Folketing have by law given the Faroe Island and Greenland extensive autonomy; the Faroe Island was given "home rule" in 1948, and Greenland was too in 1979. Greenland's home rule was in 2009 replaced by "self rule".[44][45] There is an ongoing legal debate about what constitutional weight these arrangements have. In general, there are two conflicting views: (a) the laws delegate power from the Folketing and can be revoked unilaterally by it, and (b) the laws have special status so changes require the consent of the FaroeseLøgting or the GreenlandicInatsisartut, respectively.[46][47]
Proponent of the first interpretation includeAlf Ross,[46] Poul Meyer,[46] andJens Peter Christensen.[48] Ross, the chief architect of the Faeroese home rule, compared it to an extended version of the autonomy of municipalities.[46] Meyer wrote in 1947, prior to the Faeroese home rule, that if power was delegated as extensive in other parts of the country, it would probably breach section 2 of the 1915 constitution, suggesting it did not do that here due to the Faroe Islands' separate history.[46] Similarly, Christensen, aSupreme Court judge, said that due to the special circumstances, the scope of delegation need not be strictly defined.[48]
Proponents of the second interpretation includeEdward Mitens,[46]Max Sørensen[47] andFrederik Harhoff.[46] Mitens, a Faeroese jurist and politician, argued that the Faeroese home rule had been approved by both the Løgting and theRigsdag, so it was an agreement between two parties, in particular because the approval by the Løgting happened according to special rules put in place in 1940 with the consent of the Danish representative there, during the occupation by the United Kingdom.[46] Sørensen said the intention with the Faeroese home rule was that it should not be unilaterally changed, as stated in the preamble, so it had that effect.[47] Harhoff, in his 1993Doctorate dissertation, considered the home rule acts of the Faroe Islands and Greenland to be somewhere in between the constitution and a usual act by the Folketing, as it hadbeen treated as such.[46]
Denmark haveseparation of powers into the three classic branches: the legislative, held by theFolketing; the executive held by thegovernment; and the judiciary, held by thecourts. The separation of powers is described in the constitution, and is there, as in many democracies, to prevent abuse of power. The Folketing enact laws, and the government implements them. The courts make judgments in disputes, either between citizens, or between authorities and citizens.[1]
The Constitution is heavily influenced by the French philosopherMontesquieu,[citation needed] whose separation of powers was aimed at achieving mutual monitoring of each of the branches of government. However, the division between legislative and executive power in Denmark is not as sharp as in theUnited States.
In 1999, the Supreme Court found that theTvind law, a law that barred specific schools from receiving public funding, was unconstitutional, because it breached the concept of separation of powers by settling a concrete dispute between the Tvind schools and the government. The judgment is the only time the courts have found a law to be unconstitutional.[49][50]
In several sections the Constitutional Act sets out the powers and duties of the Danish Parliament. Section 15 in the Act, which deals withthe parliamentary principle, lays down that "a Minister shall not remain in office after the Parliament has passed a vote of no confidence in him".[3] This suggests that Ministers are accountable to Parliament and even subservient to it. The Cabinet exerts executive power through its Ministers, but cannot remain in office if the majority of the Folketing goes against it. Another important feature of the Danish parliamentary system is that the Constitutional Act lays down that "the Members of the Folketing shall be elected for a period of four years", but still, "the King may at any time issue writs for a new election".[1]
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The political party leaders will then advise the King on whom to invite to lead the negotiations to form a new Government. The person who has the support of a majority of party leaders is chosen as the chief negotiator and usually also becomes Prime Minister. In principle, the Constitutional Act gives the King the authority to appoint and dismiss Ministers, but he has no real political influence. In practice, it is the Prime Minister who selects Ministers, and subsequently the King formally appoints the Ministers recommended by the Prime Minister.
Additionally, The King is the formal Head of the Government and therefore presides over the State Council, where the Acts that have been passed by the Folketing are signed into law. The Prime Minister and the Minister of Foreign Affairs report regularly to The King to inform him of the latest political developments.
[the monach] must belong to the Evangelical-Lutheran Church. However, he need not necessarily be a member of the Evangelical- Lutheran Church of Denmark (Folkekirken).
§ 7. To the Folketing, a total of 179 people are chosen.
