constitution of denmark

This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Before his death in January 1848, he advised his heir Frederick VII to create such a constitution. Appointments to parliamentary committees are done through proportional representation. Section 3 [State Powers] 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. Access to professions shall only be regulated for the public good, so trade guilds cannot regulate this themselves.[19]. Monrad wrote a draft constitution. A budget or a supplementary appropriation act is necessary to charge taxes and spend money, though in practice the Finance Committee have been allowed to approve extra expenditures, which are then spent before being passed into law. People arrested need to be put before a judge within 24 hours, known in Danish as a grundlovsforhør (lit. Although it is said that with the adoption of the Constitutional Act in 1849, Denmark went from absolute monarchy to representative government, full democracy was not introduced until 1915 when women were enfranchised. 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 … The current constitution entered into force on 5 June 1953, when published in, This page was last edited on 26 November 2020, at 04:39. Drawing on inspiration from the constitutions of other countries, e.g. The day honors the Danish Constitution, as both the first constitution of 1849 and the current constitution of 1953 were signed on this date of their respective years. Betænkning afgivet af Forfatningskommissionen af 1937.pdf 1,241 × 1,754, 106 pages; 5.06 MB. 2- The form of government shall be that of a constitutional monarchy. [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. While Denmark has no constitutional court, laws can be declared unconstitutional and rendered void by the Supreme Court of Denmark. [32] Since 2012 it has also had a children's division. The ombudsman is both appointed by and can be dismissed by the Folketing. [19], In 1941, during the occupation by Nazi Germany, the Rigsdag banned the Communist Party through the communist law. [43][44] There is an ongoing legal debate about what constitutional weight these arrangements have. The Constitution establishes Denmark as a constitutional monarcy, where the monarch serves as a ceremonial Head of state. Power shall be inherited by men and women in accordance with the provisions. However, the division between legislative and executive power in Denmark is not as sharp as in the United States. "[19], There's widespread agreement in Danish legal theory that § 77 protects what is called "formal freedom of speech" (formel ytringsfrihed), meaning that one cannot be required to submit one's speech for review by authorities before publishing or otherwise disseminating it. 1. 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 in Parliament or an ordinary majority in both Parliament and the electorate. 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. [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. [7], In the beginning of the 19th century, there were a growing democratic movement in Denmark and King Frederick VI only made some small concessions, such as creation of Consultative Estate Assemblies (Danish: Rådgivende Stænderforsamlinger) in 1834. Blive advaret. If a vote of no confidence is successfully passed against the Prime Minister, the government must resign or call a snap election. 1- This Constitution Act shall apply to all parts of the Kingdom of Denmark. The changes was approved in a referendum. After a general election and at the beginning of a new business year, all unfinished business is dropped, and the Folketing starts anew. : Constitution of Denmark and Danish … Denmark 1953 Page 3. It creates separations of power between the Folketing, which enact laws, the government, which implements them, and the courts, which makes judgment about them. ACT OF DENMARK PART I § 1 This Constitutional Act shall apply to all parts of the Kingdom of Denmark. A key topic for discussion was the political system, and the rules governing elections.[12][13]. Meetings are public accessible; closed meetings can be held, but the last time this happened was in 1924, during a conflict with Norway over Greenland. Norway and Belgium, Danish politician D.G. 2. The same group of people is able to run for office. All bills require three readings before being passed into law. Favorites – you are able to add … Sources of inspiration included the Constitution of Norway of 1814 and the Constitution of Belgium. 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. See more » Danish European Union opt-out referendum, 2015. Article 1 Iceland is a Republic with a parliamentary government. The legislative and executive authorities are vested in the monarch who acts through a cabinet of ministers, headed by the prime minister, responsible to the Parliament. The law also legalized existing internments of Danish communists, including members of the Folketing. Under exceptional circumstances, the government can enact temporary laws, which must be reaffirmed by the Folketing as quickly as possible. Cases are brought before the impeachment court by the government or the Folketing. 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. Fundet 460 sætninger matchende sætning Constitution of Denmark.Fundet i 14 ms.Oversættelseshukommelser er skabt af mennesker, men tilpasses ved computeren, som kan forårsage fejl. Denmark - Denmark - Government and society: The constitution of June 5, 1953, provides for a unicameral legislature, the Folketing, with not more than 179 members (including two from the Faroe Islands and two from Greenland). Article 2 Althingi and the President of Iceland jointly exercise legislative power. As a result, Denmark has a multi-party parliamentary system, where no single party has an absolute majority. On the other side, German nationalists in Schleswig were keen to keep Schleswig and Holstein together, and wanted Schleswig to join the German Confederation. Bills regarding expropriations can by 1/3 of the Folketing be delayed until passed again after a general election. The most significant change in the Constitution of 1953 was the abolishment of the Landsting, leaving the unicameral Folketing. Denmark has, 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. Sovereignty lies with the people, whose will is the basis of all authority, and it is exercised through public bodies using direct participatory forms … 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. 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. Part I. Constitution Day (Danish: Grundlovsdag) is observed in Denmark on 5 June. [19], The constitution guarantees the right to property. The constitution gave voting rights to 15% of the Danish population. The Application is OFFLINE and does not need the internet connection. The framework for Danish democracy is the Danish Constitution of 1849, making it one of the oldest constitutions in the world. 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). The prime minister heads the government, which is composed additionally of cabinet ministers who … 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. [45][46], Proponent of the first interpretation include Alf Ross,[45] Poul Meyer,[45] and Jens Peter Christensen. Every healthy man have a duty to take part in the military draft. 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 or the Greenlandic Inatsisartut, respectively. [34] The discussion is about whether the material speech has limits or not, and if so, what those limits are. [45] 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. The Constitution of Denmark outlines fundamental rights in sections 71–80. They can ask ministers questions, who are then obliged to answer. Section 20 was used in 1972 when Denmark, after a referendum, joined the EEC (now EU). Yet, she does perform certain official functions related to political life, such as attending the opening of the Danish Parliament, signing laws that have been passed, and formally appointing the Prime Minister. 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. This also gave rise to a conflict with the Liberals (farm owners) at that time and now known as Venstre (Left). A referendum on one of the country's opt-outs from the European Union was held in Denmark on 3 December 2015. [1] The Constitutional Act has been changed a few times. The Supreme Court acquitted Rasmussen (and thereby earlier governments dating back to 1972) but reaffirmed that there are limits to how much sovereignty can be surrendered before this becomes unconstitutional. It is possible to sue public agencies. Dissolution of political association can always be appealed to the Supreme Court. Those unable to support themselves have the right to public support, if they submit to the related requirements. 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. All taxes, state loans, and military inscriptions must be set in laws. It originally contained 100 sections, which have now been reduced to 89 sections, grouped in eleven chapters. The separation of powers is described in the constitution, and is there, as in many democracies, to prevent abuse of power. It also enshrined fundamental civil rights, which remain in the current constitution: such as habeas corpus (section 71), private property rights (section 72) and freedom of speech (section 77).[3]. Citizens have freedom of assembly when unarmed, though danger to public order can lead to outdoor assemblies being banned. 1866-Grundlovens Mænd.jpg 905 × 758; 186 KB. [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. Type of Government: Parliamentary … Royal authority shall be in-herited by men and women in accordance with the provisions of the Act of Succession to the Throne of March 27th 1953. The draft was presented to the Constitutional Assembly of the Realm, which comprised 152 members who had been elected to discuss the contents of the new constitution. 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. They are supported by Rigsrevisionen. Icelandic citizens, who already have rights as if they were Danish citizens, retains these rights. It establishes a constitutional monarchy organised as a parliamentary democracy. [47], Proponents of the second interpretation include Edward Mitens,[45] Max Sørensen[46] and Frederik Harhoff. The Royal Power is 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 form of government shall be that of a constitutional monarchy. The Danish Parliament (Folketinget) cannot make any laws which may be repugnant or contrary to the Constitutional Act. This constitutional battle concluded in 1901 with the so-called systemskifte (change of system) with the liberals as victors. The Folketing is the legislative branch of Denmark, and is located at Christiansborg. This resulted in upper Schleswig becoming Danish, today known as Southern Jutland, and the rest remained German. 2. [37], In addition to the communist law, on only two occasions have an association been forcefully dissolved. This is Constitution of Denmark. In fact, the current monarch of Denmark is, For this reason, when reading the Constitution, the word. 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. This needs a supermajority of 5/6 in the Folketing, or that it is approved in a referendum. The Constitutional Act of Denmark is one of the oldest constitutions in the world. For this reason, it is also known as the June constitution. The Revised Constitution (1866) The Constitutions of Denmark located inside Folketinget. § 3 The Danish constitution consists of 89 sections, structured into 11 chapters. The Faroe Island and Greenland each elect two members to the parliament; the remaining 175 members are elected in Denmark. Special rules can apply in Greenland. This was Europe's only formal absolutist constitution. [1], Front page of the first constitution from 1849. More recently, in 2015 an (unsuccessful) referendum was held on one of its EU-opt-outs. In addition, the Folketing elect a number of State Auditors (Danish: Statsrevisorer), who has the responsibility to look through the public accounts, and check that everything is okay, and that the government only spend money approved by the Folketing. The Folketing elects a, The courts are independent of the government, though they are regulated by law. Every member of the Folketing can propose laws and decisions, and only they (and ministers per § 21) can do that. Date: May 17, 1814. Media in category "Constitution of Denmark" The following 24 files are in this category, out of 24 total. The Danish monarch,[c] as the head of state, holds great de jure power, but de facto only serves as a figurehead who is not interfering in politics. 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