Constitutional Act of Denmark

Constitutional Act of Denmark
Name	Constitutional Act
Jurisdiction	Kingdom of Denmark
Date ratified	5 June 1849
Date effective	5 June 1849
System	Constitutional monarchy, Parliamentary system
Branches	Three (Folketing, Monarch, Supreme Court)
Chambers	Unicameral (Folketing)
Executive	Prime Minister-led government
Courts	Supreme Court of Denmark
Federalism	Unitary state
Signers	Frederick VII
Supersedes	Kongeloven (1665)

Constitutional Act of Denmark. The Constitutional Act of the Kingdom of Denmark is the supreme law of the realm, establishing the framework for its constitutional monarchy and parliamentary system. First signed by King Frederick VII on 5 June 1849, it ended absolute monarchy and created a bicameral Rigsdag. The current constitution, the sixth such document, was adopted on 5 June 1953 and is notable for establishing a unicameral Folketing and allowing for female succession to the Danish throne.

Historical background

The move toward constitutional governance was precipitated by the July Revolution in France, the Revolutions of 1848, and rising liberalism across Europe. In Denmark, the First Schleswig War and national tensions within the Danish unitary state created pressure for reform. The previous fundamental law, the Kongeloven of 1665, had enshrined absolute monarchy. Influenced by thinkers like Orla Lehmann and the National Liberal movement, King Frederick VII relinquished absolute power, leading to the election of a Constituent Assembly which drafted the original document. This period also involved complex negotiations concerning the Duchy of Schleswig and the German Confederation.

Main provisions

The Act vests executive authority in the Monarch, exercised through a Cabinet headed by the Prime Minister of Denmark. Legislative power resides with the Monarch and the Folketing jointly. It outlines the composition and election of the Folketing, which uses a system of proportional representation. Key chapters guarantee fundamental rights and freedoms, including freedom of speech, freedom of assembly, and freedom of religion. It establishes the independent judiciary, headed by the Supreme Court of Denmark, and contains provisions for the Church of Denmark. The Act also defines the rules for altering its own text, requiring a parliamentary majority and a national referendum.

Amendments and revisions

The original 1849 constitution has been replaced several times. The Constitution of 1866 strengthened conservative forces in the Landsting, leading to the Easter Crisis of 1920. This crisis was resolved by the Constitution of 1915, which introduced universal suffrage. The current Constitution of 1953 abolished the Landsting, creating a unicameral Folketing, and amended the Act of Succession to allow female heirs, enabling the future accession of Margrethe II. Notable subsequent amendments include the 1953 change enabling the transfer of sovereignty to international bodies like the United Nations and the European Union, and the 2009 update altering the succession to absolute primogeniture.

Constitutional monarchy and democracy

The Act establishes a ceremonial monarch whose powers are largely formal, such as signing laws passed by the Folketing. Real executive power is exercised by the Prime Minister and the Cabinet, who are responsible to parliament. This parliamentary system ensures that the government must maintain the confidence of the Folketing. The monarch's role is defined in close conjunction with institutions like the Statsministeriet and traditions such as the formation of a new government after a Folketing election. This structure has provided notable political stability since the Easter Crisis of 1920.

Relationship with other laws

As the supreme law, the Constitutional Act takes precedence over all other legislation, including acts passed by the Folketing and ministerial orders. The Supreme Court of Denmark possesses the power of judicial review, though it exercises it with restraint. The Act's provisions on international cooperation permit the delegation of powers to entities like the European Union, as seen with the Maastricht Treaty and subsequent treaties. Other foundational laws, such as the Act of Succession and the Church Law, are governed by its principles. The relationship with the legal systems of the Faroe Islands and Greenland is also defined through the Rigsfællesskabet.

Significance and impact

The Constitutional Act is the cornerstone of modern Danish democracy and one of the oldest functioning constitutions in the world. Its adoption on Constitution Day is a national holiday. It successfully transitioned Denmark from absolute monarchy to a stable parliamentary democracy, influencing the political culture of the Nordic countries. The framework it created has allowed for peaceful political evolution, the development of the welfare state, and active participation in international organizations like NATO and the European Union. Its enduring legacy is a political system characterized by broad consensus, protection of civil liberties, and robust democratic institutions.

Denmark Denmark Category:Law of Denmark Category:1849 in law Category:1953 in law