Constitution of Denmark

[3] It creates a comparatively weak constitutional monarch who is dependent on Ministers for advice and Parliament to draft and pass legislation.

[7] In the beginning of the 19th century, there was 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.

[8] When Christian VIII became king in 1839, he continued the political line of only making small democratic concessions, while upholding the absolute monarchy.

[11] Christian VIII had reached the conclusion that, should the Unitary State survive, a constitution covering both Denmark, Schleswig and Holstein was necessary.

[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.

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.

At this point the king and Højre finally accepted parliamentarism as the ruling principle of Danish political life.

[17] In 1920, a new referendum was held to change the Constitution again, allowing for the reunification of Denmark following the defeat of Germany in World War I.

[18][19] Ministers have the right to propose laws and decision (in case they are not members of the Folketing), and the government is allowed to pardon criminals and mint coins.

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.

The public accounts shall be ready six months after the fiscal year, and are audited by the State Auditors, who are appointed by the Folketing.

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.

[21] A search warrant is needed to enter private property, confiscate things, or break the secrecy of correspondence, though general exemptions can be made by law.

The Prime Minister is itself appointed after advice from the leaders of the political parties of the Folketing, a process known as a King's meeting (Danish: Kongerunde).

If a vote of no confidence is successfully passed against the Prime Minister, the government must resign or call a snap election.

All Danish citizens over the age of 18 years who are living permanently within Denmark is eligible to vote, except those placed under legal guardianship.

The session starts anew each year on the first Tuesday in October, and when interrupted by a general election; all previously unfinished business is cancelled.

The European Convention on Human Rights was introduced in Denmark by law on 29 April 1992 and supplements the mentioned paragraphs.

A search warrant is needed to enter private property, confiscate things, or break the secrecy of correspondence, though general exemptions can be made by law.

[41] 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.

In case of riots, the police can forcefully dissolve assemblies when they have requested the crowd to disperse "in the name of the King and the law" three times.

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 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.

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.

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.

[46] 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.

[46] Similarly, Christensen, a Supreme Court judge, said that due to the special circumstances, the scope of delegation need not be strictly defined.

[46] 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.

[1] 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.

Section 15 in the Act, which deals with the parliamentary principle, lays down that "a Minister shall not remain in office after the Parliament has passed a vote of no confidence in him".

Frederick VII, the last king of Denmark to rule as an absolute monarch.
The National Constitutional Assembly (painting by Constantin Hansen 1860–64) ( Frederiksborg Castle , Hillerød)
The Constitutional Act of 1849 on display in 2018
The Constitutions of Denmark located inside Folketinget .
Christiansborg Palace , where both the government, the Folketing and the Supreme Court resides.
The Folketing chamber, inside Christiansborg Palace