constitution of denmark

Constitution Day is celebrated every June 5, which coincides with Father's Day in Denmark. [27], The Evangelical-Lutheran Church of Denmark is the state church established by the Constitution. Detention outside the criminal system or the immigration system, say due to mental illness, can be brought before the courts. The political system of Denmark can be described as a democracy with a parliamentary system of governance. All children have the right to free public education, though no duty to use it; home schooling and private schools are allowed. The prime minister heads the government, which is composed additionally of cabinet ministers who … §77: "Anyone is entitled to in print, writing and speech to publish his or hers thoughts, yet under responsibility to the courts. 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. In 1863 this constitution was changed, the new one was called Novemberforfatningen. [24], The Constitution requires the monarch to be a member of the evangelical lutheran church, though not necessary the Church of Denmark.[25]. The ombudsman cannot be a member of the Folketing themselves. [32] Since 2012 it has also had a children's division. The Constitution of Denmark outlines fundamental rights in sections 71–80. While the constitution allows the Folketing to appoint two ombudsmen, by law it only appoints one. The Application is OFFLINE and does not need the internet connection. For this reason, it is also known as the June constitution. 33, 17 June 1944, as amended 30 May 1984, 31 May 1991, 28 June 1995 and 24 June 1999) I. Cases are brought before the impeachment court by the government or the Folketing. New!! In 1866, the defeat in the Second Schleswig War, and the loss of Schleswig-Holstein led to tightened election rules for the Upper Chamber, which paralyzed legislative work, leading to provisional laws. [11] Christian VIII had reached the conclusion that, should the Unitary State survive, a constitution covering both Denmark, Schleswig and Holstein was necessary. Before he died in 1848, he therefore ordered his son, Frederik VII to promise the Danish people a new constitution that guaranteed them freedom and equality and prevented any one person from having unlimited power. A quorum consists of half of the members. This is partly because making an amendment is a rather complex procedure, requiring that both the Danish Parliament and the Danish people agree to it. The queen have a number of duties in the Church of Denmark, and is often considered its head, but this is not a formal role in any way.[28]. Bills regarding expropriations can by 1/3 of the Folketing be delayed until passed again after a general election. Article 1 Iceland is a Republic with a parliamentary government. This Constitution applies to all parts of the Kingdom of Denmark. It is one of the oldest constitutions in the world. The reigning monarch, Queen Margrethe II, has no political power. The wording is general enough to still apply today. [3] This suggests that Ministers are accountable to Parliament and even subservient to it. The 1918 Danish–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. It creates separations of power between the Folketing, which enact laws, the government, which implements them, and the courts, which makes judgment about them. They can ask ministers questions, who are then obliged to answer. It has only been amended a few times since it was enacted in 1849. This section has been debated heavily in connection with Denmark's membership of the European Union (EU), as critics hold that changing governments have violated the Constitution by surrendering too much power. The current Constitution of Denmark was signed on June 5 1953. But these only served to help the political movements, of which the National Liberals and the Friends of Peasants were the forerunners. [29] It is inspired by Swedish example, and was established in 1955, following its inclusion in the 1953 constitution. The Danish Monarch is theoretically the center of power, with executive and legislative power originating from her according to the Constitution, but parliamentary sovereignty, which was established in 1901, has imposed what is, in f… 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. On 25 May 1849, the Constitutional Assembly approved the new constitution, and on 5 June 1849 it was signed by Frederick VII. Only five impeachment cases have been held; the latest was the 1993–1995 case against former Minister of Justice, Erik Ninn-Hansen regarding the Tamil Case. 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 King rem… The most significant change in the Constitution of 1953 was the abolishment of the Landsting, leaving the unicameral Folketing. After several months of work and discussions, the Constitutional Assembly of the Realm adopted a constitution which comprised 100 sections and became the Constitutional Act of Denmark. In addition it gives a number of fundamental rights to people in Denmark, including freedom of speech, freedom of religion, freedom of association, and freedom of assembly. The Constitution of 1849 established a bicameral parliament, the Rigsdag, consisting of the Landsting and the Folketing. This resulted in upper Schleswig becoming Danish, today known as Southern Jutland, and the rest remained German. [37], In addition to the communist law, on only two occasions have an association been forcefully dissolved. In 1999, the Supreme Court found that the Tvind 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 Constitutional Act of Denmark Denmark is a democracy and a monarchy at the same time. [40] Prior to this, it has been investigated if Hells Angels, Bandidos and Hizb ut-Tahrir could be banned, but the conclusions was that it would be difficult to win the cases. [48][49], In several sections the Constitutional Act sets out the powers and duties of the Danish Parliament. Censorship is forbidden. [45] 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. Denmark then, properly so called, consists of many Islands in the Baltick Sea, and of that part of the Continent which is now called Jutland: the Dutchy of Sleswick, which I reckoned in the former Chapter as part of it, shall be treated of by it self, because it is divided between the King and the Duke of Holstein Gottorp; whereas these above … [45], Denmark have separation of powers into the three classic branches: the legislative, held by the Folketing; the executive held by the government; and the judiciary, held by the courts. Cases about the constitutionality of laws can only be initiated by people directly affected by the laws. The legislative branch held by the Folketing, the executive branch held by the Danish government, and the judicial branch held by the Courts of Denmark. Denmark - Constitution { Adopted on: 5 June 1953 } { ICL Document Status: 1992 } Part I [General Provisions] Section 1 [Scope] This Constitution applies to all parts of the Kingdom of Denmark. § 3 The Constitutional Act of Denmark (Danish: Danmarks Riges Grundlov) is the Kingdom of Denmark 's constitution, or fundamental law. [33] However, there is disagreement about whether or not § 77 covers "material freedom of speech" (materiel ytringsfrihed), the right to not be punished for ones speech. [34] The discussion is about whether the material speech has limits or not, and if so, what those limits are. [39][41], Citizens have freedom of assembly when unarmed, though danger to public order can lead to outdoor assemblies being banned. The ultimatum from Schleswig and Holstein was rejected, and the First Schleswig War started. 1- This Constitution Act shall apply to all parts of the Kingdom of Denmark. Drafting and signing of the first constitution (1849), Parallel constitution for the Unitary State (1855-1866), Freedom of speech and freedom of the press, The constitution refers to the sovereign as the "King", even though it is currently. The case illustrated how long Danish politicians was willing to go to ensure Danish control of law enforcement, and that democracy can be stretched to ensure its continued existence. The event marked the country's transition to constitutional monarchy, replacing the old constitution like Lex Regia from 1665 which had introduced absolute monarchy in Denmark. The Parliamentary Ombudsman is an independent institution under the Folketing, in charge of investigating and inspecting public authorities. 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 without a referendum. [10] Holstein and Lauenburg were then part of the German Confederation, while Schleswig was not. The same group of people is able to run for office. 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. All bills require three readings before being passed into law. [21] The monarch formally holds executive power and, co-jointly with the Folketing, legislative power, since each new law requires royal assent. 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 laws. While the Constitution consistently refer to the monarch as the "king", this can also be a queen regnant. The European Convention on Human Rights was introduced in Denmark by law on 29 April 1992 and supplements the mentioned paragraphs. 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. While the voting rights for both chambers were the same, the elections to the Landsting was indirect, and the eligibility requirements harder. People demanded the right to decide how their countries should be governed, and monarchies were overthrown in several countries and replaced by republics. The Constitution of Denmark was signed on 5 June 1849, ending the absolute monarchy, which had begun in 1660. Denmark 1953 Page 3. The Folketing then elects a speaker, who is responsible for convening meetings. Denmark celebrates the adoption of the Constitution on 5 June—the date in which the first Constitution was ratified—every year as Constitution Day. Before his death in January 1848, he advised his heir Frederick VII to create such a constitution. The Constitution establishes Denmark as a constitutional monarcy, where the monarch serves as a ceremonial Head of state. Freedom of religion is granted in section 67, and official discrimination based on faith is forbidden in section 70. The Folketing can establish special courts to handle such cases, and their verdicts can be appealed to the, The Church of Denmark is the state church by § 4, and the Folketing can by statue decide its constitution, but has not done so. This was shortly before Second Schleswig war, where Denmark lost control of Schleswig and Holstein, rendering the parallel constitution void. The framework for Danish democracy is laid down in the Constitutional Act of Denmark, with a set of fundamental principles and rules for society. [5] This tradition was abandoned in 1665 when King Frederick III of Denmark managed to establish a hereditary absolute monarchy by Lex Regia (The Law of The King, Danish: Kongeloven). ACT OF DENMARK PART I § 1 This Constitutional Act shall apply to all parts of the Kingdom of Denmark. The gang was temporarily banned in 2018, and the court case – the first dissolution case against a criminal gang – was initiated. [6] Under Lex Regia, absolute power was inherited for almost 200 years. [31], The ombudsman handles 4,000-5,000 complains annually from the general public, and can also open cases on its own accord. Dissolution of political association can always be appealed to the Supreme Court. Special rules can apply in Greenland. Personal liberty shall be inviolable. In its present form, the Constitutional Act is from 5 June 1953, but the principal features of the Act go back to 1849. 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. While Denmark has no constitutional court, laws can be declared unconstitutional and rendered void by the Supreme Court of Denmark. The Folketing is the legislative branch of Denmark, and is located at Christiansborg. Database will be downloaded when the application is run first time. Ecuador is a constitutional State of rights and justice, a social, democratic, sovereign, independent, unitary, intercultural, multinational and secular State. 1849 First democratic constitution - "the June Constitution" 1864 Loss of the duchies Schleswig, Holstein and Lauenburg 1914 - 1918 Danish neutrality during World War I 1915 Constitutional reform, enfranchisement of women 1918 Iceland gains independence from the Kingdom of Denmark A supermajority is achieved if at least five times of the members of the Folketing vote for the cession as those who vote against it. The form of government shall be that of a constitutional monarchy. The ombudsman is both appointed by and can be dismissed by the Folketing. Expropriations must be for the public good, with full compensation, and as allowed by law. The Constitution is heavily influenced by the French philosopher Montesquieu,[citation needed] whose separation of powers was aimed at achieving mutual monitoring of each of the branches of government. The Royal Power shall be inherited by men and women in accordance with the provisions of the Succession to the Throne Act, 27th March, 1953. This followed a referendum held in the former Danish territories of Schleswig-Holstein regarding how the new border should be placed. Favorites – you are able to add … And the courts of law are the judicial power, pronouncing judgements in disputes between citizens and between the authorities and citizens. The state auditors are responsible for checking the public accounts. As a result, Denmark has a multi-party parliamentary system, where no single party has an absolute majority. The Instrument of Government contains the basic principles of Swedens form of government: how the Government is to work, the fundamental freedoms and rights of the Swedish people and how elections to the Riksdag (Swedish parliament) are to be implemented. 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). Section 3 [State Powers] Constitution Act of Denmark [Basic Law of the Kingdom of Denmark] 1953, as amended to 2009. [3] It creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and pass legislation. The courts make judgments in disputes, either between citizens, or between authorities and citizens.[1]. But it is a constitutional monarchy, which means that the power of the monarch is limited by the Constitutional Act. 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 special Court of Impeachment, which decides cases against ministers, consists of the 15 most senior Supreme Court judges and an equal amount appointed by the Folketing. While this right was contested in the beginning, the political system eventually accepted it. This was Europe's only formal absolutist constitution. The Constitutional Act is the most important piece of legislation in Denmark, and all other laws must comply with it. 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. [9], At this time Denmark was in a personal union between kingdom of Denmark and the duchies of Schleswig, Holstein, and Lauenburg called The Unitary State (Danish: Helstaten), but the Schleswig-Holstein question was causing tension. Constitution of Norway. [45] Similarly, Christensen, a Supreme Court judge, said that due to the special circumstances, the scope of delegation need not be strictly defined. 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. [23] The monarch and the Cabinet attend regular meetings in the Council of State, where royal assent is given, and the monarch is regularly briefed on the political situation by the Prime Minister and Foreign minister. The constitution gave voting rights to 15% of the Danish population. A certain type of civil servants, known in Danish as tjenestemænd (lit. [15] Since the June constitution was not put into force in Schleswig, the Schleswig-Holstein question remained unsolved. This also gave rise to a conflict with the Liberals (farm owners) at that time and now known as Venstre (Left). In addition to that, the ombudsman have a monitoring division that inspects prisons, psychiatric institutions and social care homes. We recommend you to use Wi-Fi connection. Access to professions shall only be regulated for the public good, so trade guilds cannot regulate this themselves. [19], All children have the right to free public education, though no duty to use it; home schooling and private schools are allowed. Also, a new requirement for changing the constitution was introduced. Members of the Folketing receive a salary, and have absolute freedom of speech within the Folketing. Kingdom of Denmark Constitution: Adopted: 1953; the main principle of this Constitution was to limit the monarch's power. [47] Ross, the chief architect of the Faeroese home rule, compared it to an extended version of the autonomy of municipalities. 2. The law also legalized existing internments of Danish communists, including members of the Folketing. [19], In 1941, during the occupation by Nazi Germany, the Rigsdag banned the Communist Party through the communist law. The speaker calls the meetings, and are obliged to do so on request from the prime minister or two-fifths of the Folketing. The judgment is the only time the courts have found a law to be unconstitutional. There are certain rights in the Constitution with respect to the judiciary system. Category . If a vote of no confidence is successfully passed against the Prime Minister, the government must resign or call a snap election. This meant that Prime Minister Thorvald Stauning's attempt to change the Constitution in 1939 failed.[17]. 2- The form of government shall be that of a constitutional monarchy. They are supported by Rigsrevisionen. It originally contained 100 sections, which have now been reduced to 89 sections, grouped in eleven chapters. The Revised Constitution (1866) The Constitutions of Denmark located inside Folketinget. The Constitution of Denmark requires a supermajority in the Folketing, the Danish Parliament, for the government to cede parts of national sovereignty to the United Nations. Section 2 [State Form] The form of government shall be that of a constitutional monarchy. Freedom from detention, freedom of association and freedom of assembly can be restricted for military personnel. [45] Mitens, a Faeroese jurist and politician, argued that the Faeroese home rule had been approved by both the Løgting and the Rigsdag, 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. The adoption in 1974 of the Instrument of Government currently in force meant a considerable reduction in the powers of the monarchy. Denmark is one of only a handful countries in the world to not have an official national day, but Constitution … By article 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. Foreigners can only be naturalized by law, and only buy real-estate as permitted by law. Furthermore, the Folketing also appoints an ombudsman, who investigates wrongdoings by the public administrative authorities on behalf of the public. [30] The current ombudsman, as of December 2019[update], is Niels Fenger. The constitution says "not more than" 179, but the Danish election law says that exactly 179 members are elected. In 1915, the tightening from 1866 was reversed, and women were given the right to vote. [14] Today, 5 June is known as Constitution Day and is a national holiday in Denmark. [14], 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. Date: May 17, 1814. Members are not in any way bound by pledges or what their party says, but free to vote in any way they wish. Sovereignty lies with the people, whose will is the basis of all authority, and it is exercised through public bodies using direct participatory forms … The Folketing consists of up to 179 members, The business year runs from the first Tuesday in October to the first Tuesday in October the next year. The Folketing have published the constitution with explanatory annotations; it is available in both Danish and English through their website.[18][19]. 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