The Precocious Dane: reflecting on a world-class Constitution

While searching the world’s legal traditions and Constitutions I settled on the Danish Constitution as being the one most similar to that of General Federalism. It is a clever construction eerily similar to the General Federalist form. And not surprisingly, it governs one of the most successful and durable representatitive democracies practicing rule of law that the world has ever seen. If you see a Dane, kiss them for me.

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.        

Section 2 [State Form]

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

Section 3 [State Powers]

The legislative power is jointly vested in the   King and the Parliament. The executive power is vested in the King. The   judicial power is vested in the courts of justice.

Section 4 [State Church]

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

Part II [The King]

 

Section 5 [Reigning no Other Countries]

The King shall not reign in other countries   except with the consent of the Parliament.

Section 6 [Member of the State Church]

The King shall be a member of the Evangelical   Lutheran Church.

Section 7 [Of Age With 18 Years]

The King shall be of age when he has completed   his eighteenth year. The same provision shall apply to the Successor to the   Throne.

Section 8 [Sworn on the Constitution]

The King, prior to his accession to the   Throne, shall make a solemn Declaration in writing before the Council of   State that he will faithfully adhere to the Constitution Act. Two identical   originals of the Declaration shall be executed, one of which shall be handed   over to the Parliament to be preserved in its archives, and the other shall   be filed in the Public Record Office. Where the Kin, owing to his absence or   for other reasons, is unable to sign the aforesaid Declaration immediately on   his accession to the Throne, the government shall, unless otherwise provided   by Statute, be conducted by the Council of State until such Declaration has   been signed. Where the King already as Successor to the Throne has signed the   aforesaid Declaration, he shall accede to the Throne immediately on its   vacancy.

Section 9 [Vacancy of the Throne]

Provisions relating to the exercising of   sovereign power in the event of the minority, illness, or absence of the King   shall be laid down by Statute. Where on the vacancy of the Throne there is no   Successor to the Throne, the Parliament shall elect a King and establish the   future order of succession to the Throne.

Section 10 [Civil List]

(1) The Civil List of the King shall be   granted for the duration of his reign by Statute. Such Statute shall also   provide for the castles, palaces, and other State property which shall be   placed at the disposal of the King for his use.
(2) The Civil List shall not be chargeable with any debt.

Section 11 [Annuities]

Members of the Royal House may be granted   annuities by Statute. Such annuities shall not be enjoyed outside the Realm   except with the consent of the Parliament.

Part III [Powers of the King]

 

Section 12 [Supreme Authority]

Subject to the limitations laid down in this   Constitution Act the King shall have the supreme authority in all the affairs   of the Realm,         and he shall exercise such supreme authority   through the Ministers.        

Section 13 [Responsibility of Ministers]

The King shall not be answerable for his   actions; his person shall be sacrosanct. The Ministers shall be responsible   for the conduct of the government; their responsibility shall be determined   by Statute.

Section 14 [Appointing Ministers]

The King shall appoint and dismiss the Prime   Minister and the other Ministers. He shall decide upon the number of   Ministers and upon the distribution of the duties of government among them.   The signature of the King to resolutions relating to legislation and   government shall make such resolutions valid, provided that the signature of   the King is accompanied by the signature or signatures of one or more   Ministers. A Minister who has signed a resolution shall be responsible for   the resolution.

Section 15 [Vote of No Confidence]

(1) A Minister shall not remain in office after   the Parliament has passed a vote of no confidence in him.
(2) Where the Parliament passes a vote of no confidence in the Prime   Minister, he shall ask for the dismissal of the Ministry unless writs are to   be issued for a general election. Where a vote of censure has been passed on   a Ministry, or it has asked for its dismissal, it shall continue in office   until a new Ministry has been appointed. Ministers who continue in office as   aforesaid shall do only what is necessary for the purpose of the uninterrupted   conduct of official business.

Section 16 [Impeachment]

Ministers may be impeached by the King or the   Parliament with maladministration of office. The High Court of the Realm   shall try cases of impeachment brought against Ministers for   maladministration of office.

Section 17 [Council of State]

(1) The body of Ministers shall form the   Council of State, in which the Successor to the Throne shall have a seat when   he is of age. The Council of State shall be presided over by the King except   in the instance mentioned in Section 8, and in the instances where the Legislature   in pursuance of Section 9 may have delegated the conduct of the   government to the Council of State.
(2) All Bills and important government measures shall be discussed in the   Council of State.

Section 18 [Council of Ministers]

If the King should be prevented from holding a   Council of State he may entrust the discussion of a matter to a Council of   Ministers. Such Council of Ministers shall consist of all the Ministers, and   it shall be presided over by the Prime Minister. The vote of each Minister   shall be entered in a minute book, and any question shall be decided by a   majority of votes. The Prime Minister shall submit the Minutes, signed by the   Ministers present, to the King, who shall decide whether he willimmediately   consent to the recommendations of the Council of Ministers, or have the   matter brought before him in a Council of State.

Section 19 [Foreign Affairs]

(1) The King shall act on behalf of the Realm   in international affairs. Provided that without the consent of the Parliament   the King shall not undertake any act whereby the territory of the Realm will   be increased or decrease, nor shall he enter into any obligation which for   fulfillment requires the concurrence of the Parliament, or which otherwise is   of major importance; nor shall the King, except with the consent of the   Parliament, terminate any international treaty entered into with the consent   of the Parliament.
(2) Except for purposes of defence against an armed attack upon the Realm or   Danish forces the King shall not use military force against any foreign state   without the consent of the Parliament. Any measure which the King may take in   pursuance of this provision shall immediately be submitted to the Parliament.   If the Parliament is not in session it shall be convoked immediately.
(3) The Parliament shall appoint from among its Members a Foreign Affairs   Committee, which the Government shall consult prior to the making of any   decision of major importance to foreign policy. Rules applying to the Foreign   Affairs Committee shall be laid down by Statute.

Section 20 [Delegation of Powers]

(1) Powers vested in the authorities of the   Realm under this Constitution Act may, to such extent as shall be provided by   Statute, be delegated to international authorities set up by mutual agreement   with other states for the promotion of international rules of law and   co-operation.
(2) For the passing of a Bill dealing with the above a majority of   five-sixths of the Members of the Parliament shall be required. If this   majority is not obtained, whereas the majority required for the passing of   ordinary Bills is obtained, and if the Government maintains it, the Bill   shall be submitted to the Electorate for approval or rejection in accordance   with the rules for Referenda laid down in Section 42.

Section 21 [Introduction of Bills]

The King may cause Bills and other measures to   be introduced in the Parliament.

Section 22 [Royal Assent]

A Bill passed by the Parliament shall become   law if it receives the Royal Assent not later than thirty days after it was   finally passed. The King shall order the promulgation of Statutes and shall   see to it that they are carried into effect.

Section 23 [Provisional Laws]

In an emergency the King may when the   Parliament cannot assemble, issue provisional laws, provided that they shall   not be at variance with the Constitution Act, and that they shall always   immediately on the assembling of the Parliament be submitted to it for   approval or rejection.

Section 24 [Prerogative of Mercy and Amnesty]

The King shall have the prerogative of mercy   and of granting amnesty. The King may grant Ministers a pardon for sentences   passed upon them by the High Court of the Realm only with the consent of the   Parliament.

Section 25 [Grants]

The King may either directly or through the   relevant Government authorities make such grants and grant such exemptions   from the Statutes as are either warranted under the rules existing before the   5th June, 1849, or have been warranted by a Statute passed since that date.

Section 26 [Coinage]

The King may cause money to be coined as   provided by Statute.

Section 27 [Appointment of Civil Cervants]

(1) Rules governing the appointment of civil   servants shall be laid down by Statute. No person shall be appointed a civil   servant unless he is a Danish subject. Civil servants who are appointed by   the King shall make a solemn declaration to the effect that they will adhere   to the Constitution Act.
(2) Rules governing the dismissal, transfer, and pensioning of civil servants   shall be laid down by Statute, confer Section 64.
(3) Civil servants appointed by the King shall only be transferred without   their consent if they do not suffer any loss in the income accruing from   their posts or offices, and if they have been offered the choice of such   transfer or retirement on pension under the general rules and regulations.

Part IV [The Parliament]

 

Section 28 [Membership]

The Parliament shall consist of one assembly   of not more than one hundred and seventy-nine Members, of whom two Members   shall be elected on the Faeroe Islands and two Members in Greenland.        

Section 29 [Right to Vote]

(1) Any Danish subject whose permanent   residence is in the Realm, and who has the age qualification for suffrage   provided for in Subsection (2) shall have the right to vote at Parliament   elections,         provided that he has not been declared   incapable of conducting his own affairs. It shall be laid down by Statute to   what extent conviction and public assistance amounting to poor relief within   the meaning of the law shall entail disfranchisement.
(2) The age qualification for suffrage shall be such as has resulted from the   Referendum held under the Act dated the 25th March, 1953. Such age   qualification for suffrage may be altered at any time by Statute. A Bill   passed by the Parliament for the purpose of such enactment shall receive the   Royal Assent only when the provision on the alteration in the age   qualification for suffrage has been put to a Referendum in accordance with   Section 42   (5), which was not   resulted in the rejection of the provision.

Section 30 [Eligibility for Membership]

(1) Any person who has a right to vote at   Parliament elections shall be eligible for membership of the Parliament,   unless he has been convicted of an act which in the eyes of the public makes   him unworthy of being a Member of the Parliament.
(2) Civil servants who are elected Members of the Parliament shall not   require permission from the Government to accept their election.

Section 31 [Elections]

(1) The Members of the Parliament shall be   elected by general and direct ballot.
(2) Rules for the exercise of the suffrage shall be laid down by the   Elections Act, which, to secure equal representation of the various opinions   of the Electorate, shall prescribe the manner of election and decide whether   proportional representation shall be adopted with or without elections in   single-member constituencies.
(3) In determining the number of seats to be allotted to each area regard   shall be paid to the number of inhabitants, the number of electors, and the   density of population.
(4) The Elections Act shall provide rules governing the election of   substitutes and their admission to the Parliament, and also rules for the   procedure to be adopted where a new election isrequired.
(5) Special rules for the representation of Greenland in the Parliament may   be laid down by Statute.

Section 32 [Period]

(1) The members of the Parliament shall be   elected for a period of four years.(
2) The King may at any time issue writs for a new election with the effect   that the existing seats be vacated upon a new election. Provided that writs   for an election shall not be issued after the appointment of a new Ministry   until the Prime Minister has presented himself to the Parliament.
(3) The Prime Minister shall cause a general election to be held before the   expiration of the period for which the Parliament has been elected.
(4) No seats shall be vacated until a new election has been held.
(5) Special rules may be provided by Statute for the commencement and   determination of Faeroe Islands and Greenland representation in the   Parliament.
(6) If a Member of the Parliament becomes ineligible his seating the   Parliament shall become vacant.
(7) On approval of his election each new Member shall make a solemn   declaration that he will adhere to the Constitution Act.

Section 33 [Validity of Election]

The Parliament itself shall determine the   validity of the election of any Member and decide whether a Member has lost   his eligibility or not.

Section 34 [Inciolability]

The Parliament shall be inviolable. Any person   who attacks its security or freedom, or any person who issues or obeys any   command aiming thereat shall be deemed guilty of high treason.

Part V [Procedures of the Parliament]

 

Section 35 [Constitutional Session]

(1) A newly elected Parliament shall assemble   at twelve o’clock noon on the twelfth week-day after the day of election,   unless the King has previously convoked a meeting of its Members.
(2) Immediately after the proving of the mandates the Parliament shall   constitute itself by the election of a President and Vice-Presidents.

Section 36 [Sessional Year]

(1) The sessional year of the Parliament shall   commence on the first Tuesday of October, and shall continue until the first   Tuesday of October of the following year.
(2) On the first day of the sessional year at twelve o’clock noon the Members   shall assemble for a new session of the Parliament.

Section 37 [Location]

The Parliament shall meet in the place where   the Government has its seat. Provided that in extraordinary circumstances the   Parliament may assemble elsewhere in the Realm.

Section 38 [Account of the General State of   the Country]

(1) At the first meeting in the sessional year   the Prime Minister shall render an account of the general state of the   country and of the measures proposed by the Government.
(2) Such account shall be made the subject of a general debate.

Section 39 [Meetings]

The President of the Parliament shall convene   the meetings of the Parliament, stating the Order of the Day. The President   shall convene a meeting of the Parliament upon a requisition being made in   writing by at least two-fifths of the Members of the Parliament or the Prime   Minister, stating the Order of the Day.

Section 40 [Privileges of Ministers]

The Ministers shall ex officio be entitled to   attend the sittings of the Parliament and to address the Parliament during   the debates as often as they may desire, provided that they abide by the Rules   of Procedure of the Parliament. They shall be entitled to vote only when they   are Members of the Parliament.

Section 41 [Bills]

(1) Any Member of the Parliament shall be   entitled to introduce Bills and other measures.
(2) No Bill shall be finally passed until it has been read three times in the   Parliament.
(3) Two-fifths of the Members of the Parliament may request of the President   that the third reading of a Bill shall not take place until twelve week-days   after its passing the second reading. The request shall be made in writing   and signed by the Members making it. Provided that there shall be no such   postponement in connection with Finance Bills, Supplementary Appropriation   Bills, Provisional Appropriation Bills, Government Loan Bills, Naturalization   Bills, Expropriation Bills, Indirect Taxation Bills, and, in emergencies,   Bills the enactment of which cannot be postponed owing to the intent of the   Act.
(4) In the case of a new election and at the end of the sessional year all   Bills and other measures which have not been finally passed, shall be   dropped.

Section 42 [Referendum]

(1) Where a Bill has been passed by the   Parliament, one-third of the Members of the Parliament may within three   week-days from the final passing of the Bill request of the President that   the Bill be subjected to a Referendum. Such request shall be made in writing   and signed by the Members making the request.
(2) Except in the instance mentioned in Subsection (7), no Bill which may be   subjected to a Referendum, confer Subsection (6), shall receive the Royal   Assent before the expiration of the time limit mentioned in Subsection (1),   or before a Referendum requested as aforesaid has take place.
(3) Where a Referendum on a Bill has been requested the Parliament may within   a period of five week-days from the final passing of the Bill resolve that   the Bill shall be withdrawn.
(4) Where the Parliament has made no resolution in accordance with Subsection   (3), notice to the effect that the Bill will be put to a Referendum shall   without delay be given to the Prime Minister, who shall then cause the Bill   to be published together with a statement that a Referendum will be held. The   Referendum shall be held in accordance with the decision of the Prime   Minister not less than twelve and not more than eighteen week-days after the   publication of the Bill.
(5) At the Referendum votes shall be cast for or against the Bill. For the   Bill to be rejected a majority of the electors taking part in the voting,   however, not less than thirty per cent of all persons entitled to vote, shall   have voted against the Bill.
(6) Finance Bills, Supplementary Appropriation Bills, Provisional   Appropriation Bills, Government Loan Bills, Civil Servants (Amendment) Bills,   Salaries and Pensions Bills, Naturalization Bills, Expropriation Bills,   Taxation (Direct and Indirect) Bills, as well as Bills introduced for the   purpose of discharging existing treaty obligations shall not be subject to a   decision by Referendum. This provision shall also apply to the Bills referred   to in Sections 8, 9, 10, and 11, and to such resolutions as are provided for   in Section 19, if existing in the form of a law, unless it   has been provided by a special Act that such resolutions shall be put to a   Referendum. Amendments of the Constitution Act shall be governed by the rules   laid down in Section   88.
(7) In an emergency a Bill that may be subjected to a Referendum may receive   the Royal Assent immediately after it has been passed, provided that the Bill   contains a provision tothat effect. Where under the rules of Subsection (1)   one-third of the Members of the Parliament request a Referendum on the Bill   or on the Act to which the Royal Assent has been given, such Referendum shall   be held in accordance with the above rules. Where the act is rejected by the   Referendum, an announcement to that effect shall be made by the Prime   Minister without undue delay and not later than fourteen days after the   Referendum was held. From the date of such announcement the Act shall become   ineffective.
(8) Rules for Referenda, including the extent to which Referenda shall be   held on the Faeroe Islands and in Greenland, shall be laid down by Statute.

Section 43 [Taxes]

No taxes shall be imposed, altered, or   repealed except by Statute; nor shall any man be conscripted or any public   loan be raised except by Statute.

Section 44 [Naturalization]

(1) No alien shall be naturalized except by   Statute.
(2) The extent of the right of aliens to become owners of real property shall   be laid down by Statute.

Section 45 [Finance Bill]

(1) A Finance Bill         for the next financial year shall be laid   before the Parliament not later than four months before the beginning of such   financial year.
(2) Where it is expected that the reading of the Finance Bill for the next   financial year will not be completed before the commencement of that   financial year, a Provisional Appropriation Bill shall be laid before the   Parliament.

Section 46 [Finance Act]

(1) Taxes shall not be levied before the   Finance Act or a Provisional Appropriation Act has been passed by the   Parliament.
(2) no expenditure shall be defrayed unless provided for by the Finance act   passed by the Parliament, or by a Supplementary Appropriation Act, or by a   Provisional Appropriation Act passed by the Parliament.

Section 47 [Auditing of Public Accounts]

(1) The Public Accounts shall be submitted to   the Parliament not later than six months after the expiration of the   financial year.
(2) The Parliament shall elect a number of Auditors. Such Auditors shall   examine the annual Public Accounts and see that all the revenues of the State   have been duly entered therein, and that no expenditure has been defrayed   unless provided for by the Finance Act or some other Appropriation Act. The   Auditors shall be entitled to demand all necessary information, and shall   have a right of access to all necessary documents. Rules providing for the   number of Auditors and their duties shall be laid down by Statute.
(3) The Public Accounts together with the Auditors’ Report shall be submitted   to the Parliament for its decision.

Section 48 [Rules of Procedure]

The Parliament shall lay down its own Rules of   Procedure, including rules governing its conduct of business and the   maintenance of order.

Section 49 [Publicity]

The sittings of the Parliament shall be   public. Provided that the President, or such number of Members as may be   provided for by the Rules of Procedure, or a Minister shall be entitled to   demand the removal of all unauthorized persons, whereupon it shall be decided   without a debate whether the matter shall be debated at a public or a secret   sitting.

Section 50 [Participation]

In order to make a decision more than one-half   of the Members of the Parliament shall be present and take part in the   voting.

Section 51 [Committees]

The Parliament may appoint committees from   among its Members to investigate matters of general importance. Such   committees shall be entitled to demand written or oral information both from   private citizens and from public authorities.

Section 52 [Proportional Representation in   Committees]

The election by the Parliament of Members to   sit on committees and of Members to perform special duties shall be according   to proportional representation.

Section 53 [Discussion]

With the consent of the Parliament any Member   thereof may submit for discussion any matter of public interest and request a   statement thereon from the Ministers.

Section 54 [Petitions]

Petitions may be submitted tot he Parliament   only through one of its Members.

Section 55 [Control of Civil and Military   Administration]

By Statute shall be provided for the   appointment by the Parliament of one or two persons, who shall not be Members   of the Parliament, to control the civil and military administration of the   State.

Section 56 [Freedom of Members]

The Members of the Parliament shall be bound   solely by their own conscience and not by any directions given by their   electors.

Section 57 [Immunity of Members]

No Member of the Parliament shall be   prosecuted or imprisoned in any manner whatsoever without the consent of the   Parliament, unless he is caught in flagrante delicto. Outside the Parliament   no Member shall be held liable for his utterance in the Parliament save by   the consent of the Parliament.

Section 58 [Remuneration]

The Members of the Parliament shall be paid   such remuneration as may be Provided for in the Elections Act.

Part VI [The High Court]

 

Section 59 [Membership]

(1) The High Court of the Realm shall consist   of up to fifteen of the eldest — according to seniority of office —   ordinary members of the highest court of justice of the Realm, and an equal   number of members elected for six years by the Parliament according to   proportional representation. one or more substitutes shall be elected for   each elected member. No Member of the Parliament shall be elected a member of   the High Court of the Realm, nor shall a Member of the Parliament act as a   member of the High Court of the Realm. Where in a particular instance some of   the members of the highest court of justice of the Realm are prevented from   taking part in the trial of a case, an equal number of the members of the   High Court of the Realm last elected by the Parliament shall retire from   their seats.        
(2) The High Court of the Realm shall elect a president from among its   members.
(3) Where a case has been brought before the High Court of the Realm, the   members elected by the Parliament shall retain their seats in the High Court   of the Realm for the duration of such case, even if the period for which they   were elected hasexpired.
(4) Rules for the High court of the Realm shall be provided by Statute.

Section 60 [Actions]

(1) The High Court of the Realm shall try such   actions as may be brought by the King or the Parliament against Ministers.
(2) With the consent of the Parliament the King may cause to be tried before   the High Court of the Realm also other persons for crimes which he may deem   to be particularly dangerous to the State.

Section 61 [Exercise of Judiciary Power]

The exercise of the judiciary power shall be   governed only by Statute. Extraordinary courts of justice with judicial power   shall not be established.

Section 62 [Separation of Powers]

The administration of justice shall always   remain independent of the executive power. Rules to this effect shall be laid   down by Statute.

Section 63 [Control of Executive Power]

(1) The courts of justice shall be entitled to   decide any question bearing upon the scope of the authority of the executive   power. However, a person who wants to query such authority shall not, by   bringing the case before the courts of justice, avoid temporary compliance   with orders given by the executive power.
(2) Questions bearing upon the scope of the authority of the executive power   may be referred by Statute for decision to one or more administrative courts.   Provided that an appeal from the decision of the administrative courts shall   lie to the highest court of the Realm. Rules governing this procedure shall   be laid down by Statute.

Section 64 [Independence of Judges]

In the performance of their duties the judges   shall be directed solely by the law.          Judges shall not be dismissed except by   judgment, nor shall they be transferred against their will, except in the   instances where a rearrangement of the courts of justice is made. However, a   judge who has completed his sixty-fifth year may be retired, but without loss   of income up to the time when he is due for retirement on account of age.

Section 65 [Publicity]

(1) In the administration of justice all   proceedings shall be public and oral to the widest possible extent.
(2) Laymen shall take part in criminal procedure. The cases and the form in   which such participation shall take place, including what cases are to be   tried by jury, shall be provided for by Statute.

Part VII [State Church]

 

Section 66 [Church Constitution]

The constitution of the Established Church   shall be laid down by Statute.

Section 67 [Right to Worship]

The citizens shall be entitled to form   congregations for the worship of God in a manner consistent with their   convictions,         provided that nothing at variance with good   morals or public order shall be taught or done.

Section 68 [Church Contributions]

No one shall be liable to make personal   contributions to any denomination other than the one to which he adheres.

Section 69 [Regulation of Other Religious   Bodies]

Rules for religious bodies dissenting from the   Established Church shall be laid down by Statute.

Section 70 [Freedom of Religion]

No person shall for reasons of his creed or   descent be deprived of access to complete enjoyment of his civic and   political rights, nor shall he for such reasons evade compliance with any   common civic duty.

Part VIII [Individual Rights]

 

Section 71 [Personal Liberty]

(1) Personal liberty shall be inviolable. 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.
(2) A person shall be deprived of his liberty only where this is warranted by   law.
(3) Any person who is taken into custody shall be brought before a judge   within twenty-four hours. Where the person taken into custody cannot be   releasee immediately, the judge shall decide, stating the grounds in an order   to be given as soon as possible and at the latest within three days, whether   the person taken into custody shall be committed to prison, and in cases where   he can be released on bail, the judge shall determine the nature and amount   of such bail. This provision may be departed from by Statute as far as   Greenland is concerned, if for local considerations such departure may be   deemed necessary.
(4) The finding given by the judge may at once be separately appealed against   by the person concerned to a higher court of justice.
(5) No person shall be remanded for an offence that can involve only   punishment consisting of a fine or mitigated imprisonment.
(6) outside criminal procedure the legality of deprivation of liberty which   is not by order of a judicial authority, and which is not warranted by the   legislation dealing with aliens, shall at the request of the person who has   been deprived of his liberty, or at the request of any person acting on his   behalf, be brought before the ordinary courts of justice or other judicial   authority for decision. Rules governing this procedure shall be provided by   Statute.
(7) The persons mentioned in Subsection (6) shall be under supervision by a   board set up by the Parliament, to which board the persons concerned shall be   permitted to apply.

Section 72 [Inviolability of the House]

The dwelling shall be inviolable. House   searching, seizure, and examination of letters and other papers as well as   any breach of the secrecy to be observed in postal, telegraph, and telephone   matters shall take place only under a judicial order unless particular   exception is warranted by Statute.

Section 73 [Right to Property, Expropriation]

(1) The right of property shall be inviolable.         No person shall be ordered to cede his   property except where required by the public weal. It can be done only as   provided by Statute and against full compensation.
(2) Where a Bill relating to the expropriation of property has been passed,   one-third of the Members of the Parliament may within three week-days from   the final passing of such Bill demand that it shall not be presented for the   Royal Assent until new elections to the Parliament have been held and the   Bill has again been passed by the Parliament assembling thereupon.
(3) Any question of the legality of an act of expropriation and the amount of   compensation may be brought before the courts of justice. The hearing of   issues relating to the amount of the compensation may by Statute be referred   to courts of justice established for such purpose.

Section 74 [Free and Equal Access to Trade]

Any restraint of the free and equal access to   trade which is not based on the public weal, shall be abolished by Statute.

Section 75 [Right to Work]

(1) In order to advance the public weal   efforts should be made to afford work to every able-bodied citizen on terms   that will secure his existence.
(2) Any person unable to support himself or his dependants shall, where no   other person is responsible for his or their maintenance, be entitled to   receive public assistance, provided that he shall comply with the obligations   imposed by Statute in such respect.

Section 76 [Compulsory Schooling]

All children of school age shall be entitled   to free instruction in the elementary schools. Parents or guardians who   themselves arrange for their children or wards receiving instruction equal to   the general elementary school standard, shall not be obliged to have their   children or wards taught in elementary school.

Section 77 [Freedom of Speech]

Any person shall be entitled to publish his   thoughts in printing, in writing, and in speech,         provided that he may be held answerable in a   court of justice. Censorship and other preventive measures shall never again   be introduced.

Section 78 [Freedom of Association]

(1) The citizens shall be entitled without   previous permission to form associations for any lawful purpose.
(2) Associations employing violence, or aiming at attaining their object by   violence, by instigation to violence, or by similar punishable influence on   people of other views, shall be dissolved by judgment.
(3) No association shall be dissolved by any government measure. However, an   association may be temporarily prohibited, provided that proceedings be   immediately taken against it for its dissolution.
(4) Cases relating to the dissolution of political associations may without   special permission be brought before the highest court of justice of the   Realm.
(5) The legal effects of the dissolution shall be determined by Statute.

Section 79 [Freedom of Assembly]

The citizens shall without previous permission   be entitled to assemble unarmed. The police shall be entitled to be present   at public meetings. Open-air meetings may be prohibited when it is feared that   they may constitute a danger to the public peace.

Section 80 [Dissolution of Assemblies]

In case of riots the armed forces, unless   attacked, may take action only after the crowd in the name of the King and   the Law has three times been called upon to disperse, an such warning has   been unheeded.

Section 81 [Military Duty]

Every male person able to carry arms shall be   liable with his person to contribute to the defence of his country under such   rules as are laid down by Statute.        

Section 82 [Local Autonomy]

The right of the municipalities to manage   their own affairs independently under the supervision of the State shall be   laid down by Statute.

Section 83 [Abolishing of Privileges]

All privileges by legislation attached to   nobility, title, and rank shall be abolished.

Section 84 [Abolishing of Estate Tails]

In future no fiefs, estates tail inland or   estates tail in personal property shall be created.

Section 85 [Exemptions for Military Forces]

The provisions of Sections 71, 78, and 79 shall only be applicable to the defence   forces subject to such limitations as are consequential to the provisions of   military laws.

Part IX [Local Governments, Iceland]

 

Section 86 [Local Governments]

The age qualification for local government   electors          and congregational council electors shall be   that applying at any time to Parliament electors. With reference to the   Faeroe Islands and Greenland the age qualification for local government   electors and congregational council electors shall be such as may be provided   for by Statute or fixed in accordance with Statute.

Section 87 [Iceland]

Citizens of Iceland who enjoy equal rights   with citizens of Denmark under the Danish-Icelandic Union (Abolition), etc.   Act, shall continue to enjoy the rights attached to Danish citizenship under   the provisions of the Constitution Act.

Part X [Constitutional Amendments]

 

Section 88 [Constitutional Amendments,   Electors’ Vote]

When the Parliament passes a Bill for the   purposes of a new constitutional provision, and the Government wishes to   proceed with the matter, writs shall be issued for the election of Members of   a new Parliament. If the Bill is passed unamended by the Parliament   assembling after the election, the Bill shall within six months after its   final passing be submitted to the Electors for approval or rejection by   direct voting. Rules for this voting shall be laid down by Statute. If a   majority of the persons taking part in the voting, and at least 40 per cent   of the Electorate has voted in favor of the Bill as passed by the Parliament,   and if the Bill receives the Royal Assent it shall form an integral part of   the Constitution Act.

Part XI [Enacting the Constitution]

 

Section 89 [Abolishment of the Rigsdag]

This Constitution Act   shall come into operation at once. Provided that the Rigsdag last elected   under the Constitution of the Kingdom of Denmark Act, 5th June, 1915, as   amended on the 10th September, 1920, shall continue to exist until a general   election has been held in accordance with the rules laid down in Part IV.   Until a general election has been held the provisions laid down for the   Rigsdag in the Constitution of the Kingdom of Denmark Act, 5th June, 1915, as   amended on the 10th September, 1920, shall remain in force.


 

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2 comments
  1. archaeopteryx1 said:

    Ya kinda, sorta lost me after the official Lutheran religion part, and the king part, and the “The King shall not be answerable for his actions; his person shall be sacrosanct” part (I’ve spent a lifetime wishing to be sacrosanct, but so far, that hasn’t happened), but I’d be interested in the adaptation.

    pax vobiscum,
    archaeopteryx
    http://www.in-His-own-image.com

  2. Ha, yeah, well, it isn’t “perfect”, just the closest extant thing I could find. The nexus between it and General Federalism deals with the way in which power is delegated to a hereditary succession of leaders.

    Despite appearances, it is a peculiar federalist form of law.

    – kk

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