The Constitutional Act of the Kingdom of Denmark was adopted in its present form on 5 June 1953, although the legislative text by and large dates back to 1849 when the National Constitutional Assembly passed the law as a manifestation of the country’s transition from absolutism to democracy.

Denmark’s first democratic constitution, the June Constitution of 5 June 1849, was adopted after the fall of absolutism in 1848 and was the result of the work carried out in the National Constitutional Assembly, which convened on 23 October 1848. This assembly comprised 38 members appointed by the King (i.e. by the Government) and 114 members elected by all men of sound repute over 30 years of age and head of an independent household. Regardless of the fact that the assembly was characterised by a strong element of conservatism, the Constitutional Bill that was drafted turned out to be one of the most liberal in Europe.

The actual process of drafting the Constitutional Bill was undertaken primarily by D.G. Monrad (1811-1887), who took his inspiration from the most liberal constitutions of the time, namely the Norwegian Constitution of 1814 and the Belgian Constitution of 1831. The entire Constitutional Bill package was subsequently edited into a Danish entirety by Orla Lehmann (1810-1870). The finished product therefore had clear national liberal fingerprints. aftryk.

The new Constitution defined the system of government as a constitutional monarchy and enshrined the principle of the tripartition of power into the legislature, the executive and the judiciary. The legislature was organised in a two chamber system, which took the form of a democratically elected Folketing (lower chamber) and a more conservatively composed Landsting (upper chamber). However, the Constitution was only partially democratic, in that only men over a certain age had the franchise. Women and servants were excluded from democratic participation. By means of a constitutional amendment in 1866, the Constitution was tightened in a conservative direction in the wake of the defeat to Prussia in 1864, whereby the Landsting to a greater degree than earlier came to serve as a conservative brake on legislation. As a result, the stage was set for the subsequent constitutional struggle between the Liberal Party (Venstre) and the Conservative Party (Højre). It ended with the Liberal Party’s victory at the Change of System in 1901, and the 1866 arrangement was once again repealed by means of a constitutional amendment in 1915, which also saw the enfranchisement of women and servants. The most recent constitutional amendment was made in 1953, which saw the complete abolition of the Landsting and the establishment of parliamentarianism as the prevailing constitu tional practice for the first time. Admittedly, parliamentarianism had been practised since the Change of System in 1901, but had remained disputed right up until 1920. The constitutional amendment in 1953 also amended the provision governing the royal line of succession, enabling also women to succeed to the throne, although men take precedence over women. The amendment also extended fundamental freedoms, and a provision was inserted that made it possible for Denmark to join international organisations such as the EC (now the EU).

The fundamental freedoms contained in the Danish Constitution have since 1849 predomi - nantly belonged to the category “civil and political rights”. First of all, these rights relate to provisions that fundamentally protect citizens against inter - ference by the Government. Such provisions include protection against deprivation of liberty, protection of the right of property and protection against invasion of privacy. Secondly, the Constitution contains a number of fundamental freedoms that are essential in order for democracy to function. This concerns protection of the freedom of expression, the freedom of association and the freedom of assembly and demonstration. Furthermore, the fundamental freedoms contained in the Constitution are generally characterised by a predominant emphasis on the formal protection of the rights, for example by forbidding censorship or by requiring that government interference may only be permitted on the basis of a court order. The substantive protection of liberties is more limited. In this regard, the Constitution differs, inter alia, from the European Convention on Human Rights, whose provisions reflect the fact that they materialised far later than the majority of the provisions contained in the Constitution.

In the 1990s, a debate arose – especially in the light of the changed situation resulting from Denmark’s membership of the EU and the increased attention given to human rights – about whether the Constitution should be further revised. However, the debate did not lead to anything concrete, among other things because a constitutional amendment is difficult to implement. Any reform must be adopted without being amended by two consecutive Folketing assemblies either side of a general election. Thereafter, a referendum must be held on the constitutional proposal, in which a majority of the votes cast is required to be in favour of the proposal and this majority must constitute at least 40 per cent of all those eligible to vote.

Ҥ 1. This Constitutional Act shall apply to all parts of the Kingdom of Denmark.

§ 2. The form of government shall be that of a constitutional monarchy. Royal authority shall be inherited by men and women in accordance with the provisions of the Act of Succession to the Throne of March 27, 1953.

§ 3. Legislative authority shall be vested in the King and the Folketing conjointly. Executive authority shall be vested in the King. Judicial authority shall be vested in the courts of justice.

§ 4. The Evangelical Lutheran Church shall be the Established Church of Denmark, and as such shall be supported by the State.”

1953 – THE CONSTITUTIONAL ACT OF DENMARK, PART 1

This page is part of the electronic publication "The Danish Democracy Canon"
© The Ministry of Education 2008