Constitution of Denmark
Encyclopedia
The Constitutional Act of Denmark is the Kingdom of Denmark
Kingdom of Denmark
The Kingdom of Denmark or the Danish Realm , is a constitutional monarchy and sovereign state consisting of Denmark proper in northern Europe and two autonomous constituent countries, the Faroe Islands in the North Atlantic and Greenland in North America. Denmark is the hegemonial part, where the...

's constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

, or fundamental law. Originally verified in 1849, the last revision was signed on 5 June 1953 as "the existing law, for all to unswerving comply with, the Constitutional Act of Denmark".

Idea and structure

The main principle of the Constitution was to limit the monarch’s power (§ 2). The Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 of 1849 established a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....

 parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

, the , consisting of the Landsting
Landsting (Denmark)
The Landsting was a house of the Rigsdag in Denmark from 1849 until 1953, when the bicameral system was abolished. The house had powers equal to the Folketing, which made the two houses of parliament hard to distinguish....

 and the Folketing
Folketing
The Folketing , is the national parliament of Denmark. The name literally means "People's thing"—that is, the people's governing assembly. It is located in Christiansborg Palace, on the islet of Slotsholmen in central Copenhagen....

. It also secured civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

, which remain in the current constitution, such as habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

 (§ 71), private property rights (§ 72) and freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

 (§ 77).

The Constitution is based on the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

 into the three branches of government, the legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

, the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...

 and the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...

 branches, which stems from ancient Greece
Ancient Greece
Ancient Greece is a civilization belonging to a period of Greek history that lasted from the Archaic period of the 8th to 6th centuries BC to the end of antiquity. Immediately following this period was the beginning of the Early Middle Ages and the Byzantine era. Included in Ancient Greece is the...

. The Constitution is heavily influenced by the French philosopher Montesquieu, whose separation of powers was aimed at achieving mutual monitoring of each of the branches of government. This is achieved through the Constitution’s § 3, although the division between legislative and executive power is not as sharp as in e.g. the United States.

The Act of Succession
Danish Act of Succession
The Danish Act of Succession of March 27, 1953 was accepted after a 1953 referendum in Denmark and dictates the rules governing the Line of succession to the Danish Throne. The 1953 referendum changed the act so that it became possible for a woman to inherit the throne in the event that she has no...

 to the Danish Throne (Danish
Danish language
Danish is a North Germanic language spoken by around six million people, principally in the country of Denmark. It is also spoken by 50,000 Germans of Danish ethnicity in the northern parts of Schleswig-Holstein, Germany, where it holds the status of minority language...

: "Tronfølgeloven") of 27 March 1953 also has status as a constitutional law, as it is directly referred to in Article 2 of the Constitutional Act. Therefore, amendments to the Act of Succession require adherence to the constitutional amendment procedure as provided for in Article 88 of the Danish Constitution Act. An amendment to abolish male preference to the throne (bill no. 1, Folketing session of 2005-06) was passed by a referendum in 2009.

Certain particular customs which are not explicitly referred to in the Constitutional Act itself, but that have been recognised as carrying constitutional legal weight (such as the right of the Finance Committee to authorise public expenditure outside of the national budget), also form part of Danish Constitutional law.

History

The original constitution of Denmark was signed on June 5, 1849 by King Frederick VII
Frederick VII of Denmark
Frederick VII was a King of Denmark. He reigned from 1848 until his death. He was the last Danish monarch of the older Royal branch of the House of Oldenburg and also the last king of Denmark to rule as an absolute monarch...

. The event marked Denmark’s transition to constitutional monarchy, putting an end to the absolute monarchy
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...

 which had been introduced in Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

 in 1660. The Constitution has been rewritten 4 times since 1849.

The first constitution of Denmark was Lex Regia (Royal Law) of 1665, establishing absolute
Autocracy
An autocracy is a form of government in which one person is the supreme power within the state. It is derived from the Greek : and , and may be translated as "one who rules by himself". It is distinct from oligarchy and democracy...

 power for King Frederick III of Denmark
Frederick III of Denmark
Frederick III was king of Denmark and Norway from 1648 until his death. He instituted absolute monarchy in Denmark and Norway in 1660, confirmed by law in 1665 as the first in western historiography. He was born the second-eldest son of Christian IV of Denmark and Anne Catherine of Brandenburg...

, and replacing the old feudal system. This is Europe's only formal absolutist constitution. Absolute power was passed along with a succession of Danish monarchs until Frederick VII
Frederick VII of Denmark
Frederick VII was a King of Denmark. He reigned from 1848 until his death. He was the last Danish monarch of the older Royal branch of the House of Oldenburg and also the last king of Denmark to rule as an absolute monarch...

 who agreed to sign the new constitution into law on 5 June 1849, which has since been a Danish national holiday
Constitution Day (Denmark)
Constitution Day , observed on June 5, commemorates the anniversary of the signing of the Danish constitution of 1849, which established Denmark as a constitutional monarchy, and honors the constitution of 1953, which was adopted on the same day...

.

Frederick VII's father and immediate predecessor, Christian VIII
Christian VIII of Denmark
Christian VIII , was king of Denmark from 1839 to 1848 and, as Christian Frederick, king of Norway in 1814. He was the eldest son of Hereditary Prince Frederick of Denmark and Norway and Sophia Frederica of Mecklenburg-Schwerin, born in 1786 at Christiansborg Palace in Copenhagen...

, ruled Denmark from 1839 to 1848, had earlier been king of Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...

 until political turmoil of 1814
Norway in 1814
1814 was a pivotal year in the history of Norway. It started with Norway in a union with the Kingdom of Denmark subject to a naval blockade being ceded to the king of Sweden. In May a constitutional convention declared Norway an independent kingdom. By the end of the year the Norwegian parliament...

 forced him to abdicate after a constitutional convention. Those who supported similar constitutional reforms in Denmark were disappointed with his refusal to acknowledge any limitations to his inherited absolute power, and had to wait for his successor to put through the reforms.

Ditlev Gothard Monrad
Ditlev Gothard Monrad
Ditlev Gothard Monrad was a Danish politician and bishop of Lolland-Falster.Monrad was one of the pioneers of the making of a constitutional Denmark after 1848...

, who became Secretary in 1848 drafted the first copy of the Constitution, based on a collection of the constitutions of the time, sketching out 80 paragraphs, whose basic principles and structure resembles the current constitution. The language of the draft was since revised by Secretary Orla Lehmann
Orla Lehmann
Peter Martin Orla Lehmann was a Danish statesman, a key figure in the development of Denmark's parliamentary government....

 among others, and since treated in the Constitutional Assembly of 1848 (Danish: Grundlovsudvalget af 1848). Sources of inspiration for the Constitution include the Constitution of Norway
Constitution of Norway
The Constitution of Norway was first adopted on May 16, 1814 by the Norwegian Constituent Assembly at Eidsvoll , then signed and dated May 17...

 of 1814 and the Constitution of Belgium
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 Trias Politica. The Constitution established Belgium as a centralised unitary state...

. The constitution’s civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 are based on the Constitution of the United States of 1787, especially the Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...

.

The government’s draft was laid before the Constitutional Assembly of the Realm (Danish: Den Grundlovgivende Rigsforsamling), part of which had been elected on October 5, 1848, the remainder having been appointed by the King. The 152 members were mostly interested in the political aspects, the laws governing elections and the composition of the two chambers of Parliament. The Constitution was adopted during a period of strong national unity, namely the First Schleswig War, which lasted from 1848-1851.

Changes

The Danish constitution has been rewritten four times since 1849, namely in 1866, 1915, 1920 and in 1953 to the current version. According to § 88 of the new Constitution, changing the Constitution requires a majority in two consecutive Parliaments, i.e. before and after a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...

. In addition, the Constitution must pass a popular vote, with the additional demand that at least 40 % of the voting population voting yes.

Four changes over the course of over 150 years is not much relative to other countries. This is partly because the Constitution only sets out the basic principles, with more detailed regulation left over to the legislative branch of government, currently the Danish parliament Folketinget. The wearisome amendment process also plays a part.

The 4 changes can be summed up as follows:
  • In 1866 the defeat in the Second Schleswig War, and the loss of Schleswig-Holstein
    Schleswig-Holstein
    Schleswig-Holstein is the northernmost of the sixteen states of Germany, comprising most of the historical duchy of Holstein and the southern part of the former Duchy of Schleswig...

     led to tightened election rules for the Upper Chamber, which paralyzed legislative work, leading to provisional laws.


Background: The conservative party “Højre
Conservative People's Party (Denmark)
The Conservative People's Party , also known as Conservatives is a Danish political party.-History:The party was founded 1915 based mostly on its predecessor, Højre , but also on the Free Conservatives and a moderate faction of Venstre , the liberals.The party has participated in several coalition...

” (Right) 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
National Liberal Party (Denmark)
The National Liberal Party , was a Danish political party or political movement from the 1830s until about 1880.Often considered "the first Danish political party" the National Liberals were gradually founded as the opposition against the Danish absolute monarchy...

, who lost influence and was later disbanded. This long period of dominance of the Højre party under the leadership of Jacob Brønnum Scavenius Estrup
Jacob Brønnum Scavenius Estrup
Jacob Brønnum Scavenius Estrup, , was a Danish politician, member of the Højre party. He was Interior Minister from 1865 to 1869 in the Cabinet of Frijs and Council President as well as Finance Minister from 1875 to 1894 as the leader of the Cabinet of Estrup.-Biography:Estrup was son of the...

 with the backing of the king Christian IX of Denmark
Christian IX of Denmark
Christian IX was King of Denmark from 16 November 1863 to 29 January 1906.Growing up as a prince of Schleswig-Holstein-Sonderburg-Glücksburg, a junior branch of the House of Oldenburg which had ruled Denmark since 1448, Christian was originally not in the immediate line of succession to the Danish...

 was named the provisorietid (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
Venstre (Denmark)
VenstreThe party name is officially not translated into any other language, but is in English often referred to as the Liberal Party. Similar rules apply for the name of the party's youth wing Venstres Ungdom. , full name Venstre, Danmarks Liberale Parti , is the largest political party in Denmark...

” (Left). This constitutional battle concluded in 1901 with the so called systemskifte (change of system) with the liberals as victors. At this point the king and Højre finally accepted parliamentarism as the ruling principle of Danish political life. This principle was not codified until the 1953 constitution.
  • In 1915 the tightening from 1866 was reversed, and women were given the right to vote. Also, the required number of votes in favor of a change of the Constitution was increased to 45 % of the electorate. This meant that Prime Minister
    Prime minister
    A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...

     Stauning’s attempt to change the Constitution in 1939 failed.

  • In 1920 a new referendum
    Danish constitutional referendum, 1920
    A constitutional referendum was held in Denmark on 6 September 1920. It was held in order to make changes to the constitution of Denmark from 1915 that had been made necessary to facilitate the reunification of Southern Jutland into the kingdom of Denmark. The changes were approved by 96.9% of...

     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
    World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

    . This followed a referendum
    Referendum
    A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

     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 South Jutland, and the rest remained German.

  • In 1953, the fourth constitution
    Danish constitutional and electoral age referendum, 1953
    A constitutional and electoral age referendum as held in Denmark on 28 May 1953. Both proposals were approved by voters, leading to both a new constitution taking effect on 5 June, and the electoral age being lowered from 25 to 23 years, also starting on 5 June...

     abolished the Upper Chamber (the Landsting
    Landsting (Denmark)
    The Landsting was a house of the Rigsdag in Denmark from 1849 until 1953, when the bicameral system was abolished. The house had powers equal to the Folketing, which made the two houses of parliament hard to distinguish....

    ), giving Denmark a unicameral
    Unicameralism
    In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...

     parliament
    Parliament
    A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

    . The other main purpose was to enable women to inherit the throne (see Succession), although 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.

Human rights

The Constitution of Denmark outlines certain human rights in §§ 71-80. Several of these are only of limited scope, and thus serve as a sort of lower bar. The European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

 was introduced in Denmark by law on April 29, 1992 and supplements the mentioned paragraphs.

Symbolic status of the King

When reading the Danish Constitution, it is important to bear in mind that the King is meant to be read as the government because of the regent’s symbolic status. This is a consequence of §§ 12 and 13, by which the King executes his power through his ministers, who are responsible for governing. An implication hereof is that the acting monarch cannot act on his/her own in disregard of the ministers, and so the Danish monarchs do not interfere in politics.

Religion

§ 4 establishes that the Danish Lutheran Church is Denmark’s official church, and as such is supported by the state. Freedom of religion is granted in § 67 and official discrimination based on faith is forbidden in § 70.

National sovereignty

§ 20 of the current constitution establishes that specified parts of national sovereignty can be delegated to international authorities, if the Parliament and/or the electorate vote for it. This section has been debated heavily in connection with Denmark’s membership of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

, as critics hold that changing governments have violated the Constitution by surrendering too much power to the EU.

In 1996, Prime Minister Poul Nyrup Rasmussen
Poul Nyrup Rasmussen
Poul Nyrup Rasmussen , informally Poul Nyrup, born 15 June 1943), was Prime Minister of Denmark from 25 January 1993 to 27 November 2001 and is currently President of the Party of European Socialists . He was the leader of the governing Social Democrats from 1992 to 2002...

 was sued by 12 EU-skeptics for violating this section. The Danish Supreme Court (Danish: Højesteret) acquitted Rasmussen (and thereby earlier governments dating back to 1972) but reaffirmed that there are limits to how much sovereignty can be surrendered. However, the Danish EU-membership does not violate the Constitution.

See also

  • Constitution
    Constitution
    A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

  • Constitutional law
    Constitutional law
    Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

  • Constitutional economics
    Constitutional economics
    Constitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...

  • Constitutionalism
    Constitutionalism
    Constitutionalism has a variety of meanings. Most generally, it is "a complex 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"....


External links

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