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The Constitutional Act of the Realm of Denmark (), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution (, , ), is the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
of the
Kingdom of Denmark The Danish Realm, officially the Kingdom of Denmark, or simply Denmark, is a sovereign state consisting of a collection of constituent territories united by the Constitution of Denmark, Constitutional Act, which applies to the entire territor ...
, applying equally in the Realm of Denmark:
Denmark proper Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...
,
Greenland Greenland is an autonomous territory in the Danish Realm, Kingdom of Denmark. It is by far the largest geographically of three constituent parts of the kingdom; the other two are metropolitan Denmark and the Faroe Islands. Citizens of Greenlan ...
and the
Faroe Islands The Faroe Islands ( ) (alt. the Faroes) are an archipelago in the North Atlantic Ocean and an autonomous territory of the Danish Realm, Kingdom of Denmark. Located between Iceland, Norway, and the United Kingdom, the islands have a populat ...
. The first democratic constitution was adopted in 1849, replacing the 1665 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. The constitution defines Denmark as a
constitutional monarchy Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. ...
, governed through a
parliamentary system A parliamentary system, or parliamentary democracy, is a form of government where the head of government (chief executive) derives their Election, democratic legitimacy from their ability to command the support ("confidence") of a majority of t ...
. It creates separations of power between the
Folketing The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
, which enact laws, the government, which implements them, and the courts, which makes judgment about them. In addition it gives a number of
fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
to people in Denmark, including
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
,
freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...
,
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...
, and
freedom of assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...
. The constitution applies to all persons in Denmark, not just Danish citizens. Its adoption in 1849 ended an absolute monarchy and introduced
democracy Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...
. Denmark celebrates the adoption of the Constitution on 5 June—the date in which the first Constitution was ratified—every year as
Constitution Day Constitution Day is a holiday to honour the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitut ...
(Danish: ''Grundlovsdag''). The main principle of the Constitutional Act was to limit the King's power (section 2).The Constitution of Denmark
Accessed 14 January 2024.
It creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and pass
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
. The Constitution of 1849 established a
bicameral Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
parliament, the , consisting of the Landsting and the
Folketing The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
. The most significant change in the Constitution of 1953 was the abolishment of the Landsting, leaving the
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature consisting of one house or assembly that legislates and votes as one. Unicameralism has become an increasingly common type of legislature, making up nearly ...
Folketing. It also enshrined fundamental
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
, which remain in the current constitution: such as ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' (section 71), private property rights (section 72) and
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
(section 77). The
Danish Parliament The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
() cannot make any laws which may be repugnant or contrary to the Constitutional Act. While Denmark has no
constitutional court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...
, laws can be declared unconstitutional and rendered void by the Supreme Court of Denmark. Changes to the Act must be passed by the
Folketing The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
in two consecutive parliamentary terms and then approved by the electorate through a national
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
.


History


Background

During the
late Middle Ages The late Middle Ages or late medieval period was the Periodization, period of History of Europe, European history lasting from 1300 to 1500 AD. The late Middle Ages followed the High Middle Ages and preceded the onset of the early modern period ( ...
and the
renaissance The Renaissance ( , ) is a Periodization, period of history and a European cultural movement covering the 15th and 16th centuries. It marked the transition from the Middle Ages to modernity and was characterized by an effort to revive and sur ...
, the power of the king was tempered by a håndfæstning, a coronation charter each king had to sign before being accepted as king by the
nobility Nobility is a social class found in many societies that have an aristocracy. It is normally appointed by and ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. T ...
. This tradition was abandoned in 1665 when King
Frederick III of Denmark Frederick III (; 18 March 1609 – 9 February 1670) was King of Denmark and Norway from 1648 until his death in 1670. He also governed under the name Frederick II as diocesan administrator (colloquially referred to as prince-bishop) of the ...
managed to establish a hereditary absolute monarchy by Lex Regia (''The Law of The King'', ). This was Europe's only formal absolutist constitution. Under Lex Regia, absolute power was inherited for almost 200 years. In the beginning of the 19th century, there was a growing democratic movement in Denmark and King Frederick VI only made some small concessions, such as creation of ''Consultative Estate Assemblies'' () in 1834. But these only served to help the political movements, of which the National Liberals and the Friends of Peasants were the forerunners. When
Christian VIII Christian VIII (18 September 1786 – 20 January 1848) was King of Denmark from 1839 to 1848 and, as Christian Frederick, King of Norway in 1814. Christian Frederick was the eldest son of Hereditary Prince Frederick, a younger son of King Fred ...
became king in 1839, he continued the political line of only making small democratic concessions, while upholding the absolute monarchy. At this time Denmark was in a
personal union A personal union is a combination of two or more monarchical states that have the same monarch while their boundaries, laws, and interests remain distinct. A real union, by contrast, involves the constituent states being to some extent in ...
between kingdom of Denmark and the duchies of
Schleswig The Duchy of Schleswig (; ; ; ; ; ) was a duchy in Southern Jutland () covering the area between about 60 km (35 miles) north and 70 km (45 mi) south of the current border between Germany and Denmark. The territory has been di ...
,
Holstein Holstein (; ; ; ; ) is the region between the rivers Elbe and Eider (river), Eider. It is the southern half of Schleswig-Holstein, the northernmost States of Germany, state of Germany. Holstein once existed as the German County of Holstein (; 8 ...
, and
Lauenburg Lauenburg (), or Lauenburg an der Elbe (; ), is a town in the state of Schleswig-Holstein, Germany. It is situated on the northern bank of the river Elbe, east of Hamburg. It is overall the southernmost town of Schleswig-Holstein and belongs to ...
called ''The Unitary State'' (Danish: ''Helstaten''), but the
Schleswig-Holstein question Schleswig-Holstein (; ; ; ; ; occasionally in English ''Sleswick-Holsatia'') is the northernmost of the 16 states of Germany, comprising most of the historical Duchy of Holstein and the southern part of the former Duchy of Schleswig. Its c ...
was causing tension. Under the slogan ''Denmark to the Eider'', the National Liberals campaigned for Schleswig to become an integral part of Denmark, while separating Holstein and Lauenburg from Denmark. Holstein and Lauenburg were then part of the
German Confederation The German Confederation ( ) was an association of 39 predominantly German-speaking sovereign states in Central Europe. It was created by the Congress of Vienna in 1815 as a replacement of the former Holy Roman Empire, which had been dissolved ...
, 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. 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 his
heir Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...
Frederick VII to create such a constitution. In March 1848 following a series 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 the March Cabinet, where four leaders of the Friends of Peasants and the National Liberals served, among those D.G. Monrad and Orla Lehmann, both National Liberals. The ultimatum from Schleswig and Holstein was rejected, and the
First Schleswig War The First Schleswig War (), also known as the Schleswig-Holstein uprising () and the Three Years' War (), was a military conflict in southern Denmark and northern Germany rooted in the Schleswig–Holstein question: who should control the Du ...
started.


Drafting and signing of the first constitution (1849)

Monrad drafted the first draft of the Constitution, which was then edited by Lehmann. Sources of inspiration included the
Constitution of Norway The 'Constitution of Norway'' (complete name: The Constitution of the Kingdom of Norway; Danish language, Danish: ; Norwegian language, Norwegian Bokmål: ; Nynorsk, Norwegian Nynorsk: ) was adopted on 16 May and signed on 17 May 1814 by the N ...
of 1814 and the
Constitution of Belgium The Constitution of Belgium (; ; ) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the separation of powers. The most recent major ...
. The draft was laid before the ''Constitutional Assembly of the Realm'' (). 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. 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 the ''June constitution''. Today, 5 June is known as
Constitution Day Constitution Day is a holiday to honour the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitut ...
. The new constitution establish the
Rigsdag The Rigsdag ( ) was the name of the national legislature of Denmark from 1849 to 1953. The Rigsdag was Denmark's first parliament, and it was incorporated in the Constitution of 1849. It was a bicameral legislature, consisting of two houses, t ...
, a
bicameral Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
parliament, with an upper house called the Landsting, and a lower house called the
Folketing The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
. 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.


Parallel constitution for the Unitary State (1855–1866)

Following the First Schleswig war, which ended in Danish victory in 1852, the London Protocol reaffirmed the territorial integrity of the Unitary State, and solved an impending succession issue, since Frederick VII was childless. 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 accepted ''Helstatsforfatning (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. In 1863 this constitution was changed, the new one was called ''Novemberforfatningen''. This was shortly before
Second Schleswig war The Second Schleswig War (; or German Danish War), also sometimes known as the Dano-Prussian War or Prusso-Danish War, was the second military conflict over the Schleswig–Holstein question of the nineteenth century. The war began on 1 Februar ...
, where Denmark lost control of Schleswig and Holstein, rendering the parallel constitution void.


The Revised Constitution (1866)

In 1866, the defeat in the
Second Schleswig War The Second Schleswig War (; or German Danish War), also sometimes known as the Dano-Prussian War or Prusso-Danish War, was the second military conflict over the Schleswig–Holstein question of the nineteenth century. The war began on 1 Februar ...
, and the loss of
Schleswig-Holstein Schleswig-Holstein (; ; ; ; ; occasionally in English ''Sleswick-Holsatia'') is the Northern Germany, northernmost of the 16 states of Germany, comprising most of the historical Duchy of Holstein and the southern part of the former Duchy of S ...
led to tightened election rules for the Upper Chamber, which paralyzed legislative work, leading to provisional laws. The conservative Højre 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 the National Liberals, who lost influence and was later disbanded. This long period of dominance of the Højre party under the leadership of Jacob Brønnum Scavenius Estrup with the backing of the king Christian IX of Denmark was named the (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 as Venstre (Left). This constitutional battle concluded in 1901 with the so-called (change of system) with the liberals as victors. At this point the king and Højre finally accepted
parliamentarism A parliamentary system, or parliamentary democracy, is a form of government where the head of government (chief executive) derives their democratic legitimacy from their ability to command the support ("confidence") of a majority of the legisl ...
as the ruling principle of Danish political life. This principle was not codified until the 1953 constitution.


Universal suffrage (1915)

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 Minister
Thorvald Stauning Thorvald August Marinus Stauning (; 26 October 1873 in Copenhagen – 3 May 1942) was the first Social Democrats (Denmark), social democratic prime minister of Denmark. He served as Prime Minister from 1924 to 1926 and again from 1929 until his d ...
's attempt to change the Constitution in 1939 failed.


Reunion with Schleswig (1920)

In 1920, a new referendum was held to change the Constitution again, allowing for the reunification of Denmark following the defeat of Germany in
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
. This followed a
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
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 as
Southern Jutland Southern Jutland (; ) is the region south of the Kongeå in Jutland, Denmark and north of the Eider (river) in Schleswig-Holstein, Germany. The region north of the Kongeå is called . Both territories had their own ting assemblies in the Mi ...
, and the rest remained German.


Current Constitution (1953)

In 1953, the fourth constitution abolished the Upper Chamber (the Landsting), giving Denmark a
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature consisting of one house or assembly that legislates and votes as one. Unicameralism has become an increasingly common type of legislature, making up nearly ...
parliament. It also enabled females to inherit the throne (see ''
Succession Succession is the act or process of following in order or sequence. Governance and politics *Order of succession, in politics, the ascension to power by one ruler, official, or monarch after the death, resignation, or removal from office of ...
''), but the change still favored boys over girls (this was changed by a referendum 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.


Summary of the constitution

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.


Constitutional institutions

The Constitution establishes Denmark as a
constitutional monarchy Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. ...
, where the
monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...
serves as a ceremonial Head of state. The title of monarch is hereditary and passed on to the firstborn child, with equal rights for sons and daughters. The political system of Denmark can be described as a
democracy Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...
with a
parliamentary system A parliamentary system, or parliamentary democracy, is a form of government where the head of government (chief executive) derives their Election, democratic legitimacy from their ability to command the support ("confidence") of a majority of t ...
of governance. The powers of the state is separated into 3 different branches. The
legislative branch A legislature (, ) is a deliberative assembly with the authority, legal authority to make laws for a Polity, political entity such as a Sovereign state, country, nation or city on behalf of the people therein. They are often contrasted with th ...
held by the
Folketing The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
, the
executive branch The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
held by the
Danish government The Cabinet of Denmark (), officially the Government of the Kingdom of Denmark (), is the national cabinet of the Kingdom of Denmark. It has been the chief executive body and the government of the Danish Realm—Denmark proper together with the F ...
, and the
judicial branch The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
held by the
Courts of Denmark The Courts of Denmark (, , ) is the ordinary court system of the Kingdom of Denmark. The Courts of Denmark as an organizational entity was created with the Police and Judiciary Reform Act () taking effect 1 January 2007 which also signific ...
.


The monarchy

The Danish monarch, as the
head of state A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "
he head of state He or HE may refer to: Language * He (letter), the fifth letter of the Semitic abjads * He (pronoun), a pronoun in Modern English * He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana) * Ge (Cyrillic), a Cyrillic letter cal ...
being an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
, holds great ''
de jure In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fa ...
'' power, but '' de facto'' only serves as a figurehead who is not interfering in politics. The monarch formally holds
executive power The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
and, co-jointly with the
Folketing The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
,
legislative power A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers o ...
, since each new law requires
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
. 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.Grundloven, Mikael Witte 1997 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's supreme control over Defence (the armed forces), although the monarch's control over Defence is still constrained by articles 12, 13 and 14. The monarch appoints the ministers after advice from the
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
. The Prime Minister is itself appointed after advice from the leaders of the political parties of the Folketing, a process known as a ''King's meeting'' (). The monarch and the Cabinet attend regular meetings in the
Council of State A council of state is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head ...
, where royal assent is given, and the monarch is regularly briefed on the political situation by the Prime Minister and Foreign minister. The Constitution requires the monarch to be a member of the Evangelical Lutheran Church, though not necessary the
Church of Denmark The Evangelical-Lutheran Church in Denmark or National Church ( , or unofficially ; ), sometimes called the Church of Denmark, is the established, state-supported church in Denmark. The supreme secular authority of the church is composed of ...
.


The government

The Government holds executive power, and is responsible for carrying out the acts of the Folketing. The Government does not have to pass a
vote of confidence A motion or vote of no confidence (or the inverse, a motion or vote of confidence) is a motion and corresponding vote thereon in a deliberative assembly (usually a legislative body) as to whether an officer (typically an executive) is deemed fit ...
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 a
snap election A snap election is an election that is called earlier than the one that has been scheduled. Snap elections in parliamentary systems are often called to resolve a political impasse such as a hung parliament where no single political party has a ma ...
.


The Folketing

The Folketing is the legislative branch of Denmark, and is located at Christiansborg. It consists of 179 members, of which 2 members are elected in
Greenland Greenland is an autonomous territory in the Danish Realm, Kingdom of Denmark. It is by far the largest geographically of three constituent parts of the kingdom; the other two are metropolitan Denmark and the Faroe Islands. Citizens of Greenlan ...
, and 2 in the
Faroe Islands The Faroe Islands ( ) (alt. the Faroes) are an archipelago in the North Atlantic Ocean and an autonomous territory of the Danish Realm, Kingdom of Denmark. Located between Iceland, Norway, and the United Kingdom, the islands have a populat ...
.
General election A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from By-election, by-elections, which fill individual seats that have become vacant between general elections. Gener ...
s 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 under legal guardianship. The same group of people is able to run for office. The electoral system is characterized as a
party-list proportional representation Party-list proportional representation (list-PR) is a system of proportional representation based on preregistered Political party, political parties, with each party being Apportionment (politics), allocated a certain number of seats Apportionm ...
system, with an
election threshold The electoral threshold, or election threshold, is the minimum share of votes that a candidate or political party requires before they become entitled to representation or additional seats in a legislature. This limit can operate in various w ...
on 2%. As a result, Denmark has a multi-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 a speaker, who is responsible for convening meetings. The Folketing lay down their own rules of procedure, subject to the requirements in the Constitution. Among those, the required
quorum A quorum is the minimum number of members of a group necessary to constitute the group at a meeting. In a deliberative assembly (a body that uses parliamentary procedure, such as a legislature), a quorum is necessary to conduct the business of ...
of 90 members of the Folketing, and the rule that every proposed law requires three readings 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 of ''State Auditors'' (), 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 an
ombudsman An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...
, who investigates wrongdoings by the public administrative authorities on behalf of the public.


The courts

The
Courts of Denmark The Courts of Denmark (, , ) is the ordinary court system of the Kingdom of Denmark. The Courts of Denmark as an organizational entity was created with the Police and Judiciary Reform Act () taking effect 1 January 2007 which also signific ...
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 the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
. 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 special Court of Impeachment, which can prosecute ministers for their official acts. The court system is able to perform judicial review of laws, i.e. check if 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 of
land law Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use ...
s. 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 the
Tvind Tvind is the informal name of a confederation of private schools, humanitarian organizations, and businesses, founded as an alternative education school in Denmark circa 1970. The organization is controversial in Denmark, where it runs a number o ...
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.


The Church of Denmark

The Evangelical-Lutheran Church of Denmark is the state 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.


The State Auditors

The state auditors are responsible for checking the public accounts. They are supported by
Rigsrevisionen Rigsrevisionen is the national audit agency of the Kingdom of Denmark and an independent institution of the Folketing. It is responsible for auditing the expenditure of Danish central government, and also public-sector bodies in which the govern ...
.


The Parliamentary Ombudsman

The Parliamentary
Ombudsman An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...
is an independent institution under the Folketing, in charge of investigating and inspecting public authorities. It is inspired by Swedish 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. The current ombudsman, , is Niels Fenger. 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. Since 2012 it has also had a children's division. 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.


Civil rights

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. The
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
was introduced in Denmark by law on 29 April 1992 and supplements the mentioned paragraphs.


Personal liberty

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 a ''grundlovsforhør'' (lit. constitutional interrogation), who decides if the provisional 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 to
mental illness A mental disorder, also referred to as a mental illness, a mental health condition, or a psychiatric disability, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. A mental disorder is ...
, can be brought before the courts.


Right to property

The constitution guarantees the
right to property The right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typicall ...
. A
search warrant A search warrant is a court order that a magistrate or judge issues to authorize Police, law enforcement officers to conduct a Search and seizure, search of a person, location, or vehicle for evidence of a crime and to Confiscation, confiscate an ...
is needed to enter private property, confiscate things, or break the secrecy 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.


Freedom of speech and freedom of the press

Denmark have
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
and
freedom of press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerc ...
, but some things, say
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
or breaking
confidentiality Confidentiality involves a set of rules or a promise sometimes executed through confidentiality agreements that limits the access to or places restrictions on the distribution of certain types of information. Legal confidentiality By law, la ...
, can still be brought before a judge.
Censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governmen ...
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." 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. 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. The discussion is about whether the material speech has limits or not, and if so, what those limits are.


Freedom of association

All citizens have
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...
, 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. In 1941, during the occupation by Nazi Germany, the Rigsdag banned the Communist Party through the communist 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 the necessity of the situation. 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. 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 the
Social Democrats Social democracy is a social, economic, and political philosophy within socialism that supports political and economic democracy and a gradualist, reformist, and democratic approach toward achieving social equality. In modern practice, s ...
, was dissolved for being revolutionary, and in 1924, the organization Nekkab was dissolved for being a meeting place for
homosexuals Homosexuality is romantic attraction, sexual attraction, or sexual behavior between people of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" exc ...
. In 2020, the gang
Loyal to Familia Loyal to Familia is a Danish street gang. Origins Loyal to Familia was established in Nørrebro in Copenhagen, Denmark in 2013. In the summer of 2017, the gang had a membership of 225. Prohibition In August 2017, the Minister of Justice Sør ...
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. Prior to this, it has been investigated if
Hells Angels The Hells Angels Motorcycle Club (HAMC) is an international outlaw motorcycle club founded in California whose members typically ride Harley-Davidson motorcycles. In the United States and Canada, the Hells Angels are incorporated as the Hells ...
,
Bandidos Bandidos may refer to: * Bandidos (film), ''Bandidos'' (film), a 1967 Italian spaghetti western film * Bandidos Films, a Mexican film production house * Bandidos (TV series), ''Bandidos'' (TV series), a 2024 Mexican TV series See also

* Ba ...
and
Hizb ut-Tahrir Hizb ut-Tahrir (HT; ) is an international pan-Islamist and Islamic fundamentalist political organization whose stated aim is the re-establishment of the Islamic caliphate to unite the Muslim community (called ''ummah'') and implement sharia glo ...
could be banned, but the conclusions was that it would be difficult to win the cases.


Freedom of assembly

Citizens have
freedom of assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...
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.


Freedom of religion

Section 4 establishes that the Evangelical Lutheran Church is "the people's church" (), and as such is supported by the state. Freedom of religion is granted in section 67, and official discrimination based on faith is forbidden in section 70.


Other rights

All children have the right to free
public education A state school, public school, or government school is a primary school, primary or secondary school that educates all students without charge. They are funded in whole or in part by taxation and operated by the government of the state. State-f ...
, though no duty to use it;
home schooling Homeschooling or home schooling (American English), also known as home education or elective home education (EHE) (British English), is the education of school-aged children at home or a variety of places other than a school. Usually conducted ...
and
private school A private school or independent school is a school not administered or funded by the government, unlike a State school, public school. Private schools are schools that are not dependent upon national or local government to finance their fina ...
s 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, so trade guilds cannot regulate this themselves.


Other themes


National sovereignty

Section 20 of the current constitution establishes that the delegation of specified parts of national sovereignty to international authorities requires either a 5/6
supermajority A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fun ...
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 the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
(EU), as critics hold that changing governments have violated the Constitution by surrendering too much power. In 1996, Prime Minister Poul Nyrup Rasmussen was sued by 12 Eurosceptics for violating this section. The
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
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 Ministers Lars Løkke Rasmussen faced a similar challenge when he was sued by 28 citizens for having adopted the European
Lisbon Treaty The Treaty of Lisbon (initially known as the Reform Treaty) is a European agreement that amends the two Treaty, treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all Member stat ...
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. The case was later dismissed. Section 20 was used in 1972 when Denmark, after a
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
, joined the
EEC The European Economic Community (EEC) was a regional organisation created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbo ...
(now EU). More recently, in 2015 an (unsuccessful)
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
was held on one of its EU-opt-outs.


Greenland and the Faroe Islands

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. 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". 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 Faroese
Løgting The Løgting (pronounced ; ) is the unicameral parliament of the Faroe Islands, an autonomous territory within the Danish Realm. The name literally means "''Law Thing''"—that is, a law assembly—and derives from Old Norse ''lǫgþing ...
or the Greenlandic
Inatsisartut The Inatsisartut (, ; ), also known as the Parliament of Greenland in English, is the unicameral parliament (legislative branch) of Greenland, an autonomous territoryMultiple sources: * * * in the Danish Realm. Established in 1979, the parli ...
, respectively. Proponent of the first interpretation include Alf Ross, Poul Meyer, and Jens Peter Christensen. Ross, the chief architect of the Faeroese home rule, compared it to an extended version of the autonomy of municipalities. 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. Similarly, Christensen, a
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
judge, said that due to the special circumstances, the scope of delegation need not be strictly defined. Proponents of the second interpretation include Edward Mitens,
Max Sørensen Max Sørensen (February 19, 1913 in Copenhagen – October 11, 1981 in Risskov) was a Denmark, Danish diplomat, judge, and professor of international law. He holds the distinction of being the first person to have sat as a judge on both the Euro ...
and Frederik Harhoff. Mitens, a Faeroese jurist and politician, argued that the Faeroese home rule had been approved by both the Løgting and the
Rigsdag The Rigsdag ( ) was the name of the national legislature of Denmark from 1849 to 1953. The Rigsdag was Denmark's first parliament, and it was incorporated in the Constitution of 1849. It was a bicameral legislature, consisting of two houses, t ...
, 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. 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. Harhoff, in his 1993
Doctorate A doctorate (from Latin ''doctor'', meaning "teacher") or doctoral degree is a postgraduate academic degree awarded by universities and some other educational institutions, derived from the ancient formalism '' licentia docendi'' ("licence to teach ...
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 had been treated as such.


Separation of powers

Denmark have
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
into the three classic branches: the legislative, held by the
Folketing The Folketing ( , ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark — Denmark proper together with the Faroe Islands and Greenland. E ...
; the executive held by the
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
; and the judiciary, held by the
courts A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts gene ...
. 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. The Constitution is heavily influenced by the French philosopher
Montesquieu Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal so ...
, 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 the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. In 1999, the Supreme Court found that the
Tvind Tvind is the informal name of a confederation of private schools, humanitarian organizations, and businesses, founded as an alternative education school in Denmark circa 1970. The organization is controversial in Denmark, where it runs a number o ...
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.


Parliamentary power

In several sections the Constitutional Act sets out the powers and duties of the Danish Parliament. Section 15 in the Act, which deals with the parliamentary principle, lays down that "a Minister shall not remain in office after the Parliament has passed a vote of no confidence in him". 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".


See also

*
Codified constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...
*
Constitutional economics Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econom ...
*
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to ...
*
Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
* Index of Denmark-related articles *
Politics of Denmark The politics of Denmark take place within the framework of a parliamentary representative democracy, a constitutional monarchy and a decentralised unitary state in which the monarch of Denmark, King Frederik X, is the head of state. Denmark ...


Notes


References


External links


The Constitutional Act of Denmark
- The Danish Parliament

- Ministry of Education of Denmark {{DEFAULTSORT:Constitution Of Denmark 1849 in law Government of Denmark 19th century in Danish law 20th century in Danish law 21st century in Danish law Politics of Denmark History of the Faroe Islands Politics of the Faroe Islands History of Greenland Politics of Greenland 1849 in Denmark Politics of the Kingdom of Denmark June 1849 Democratization