Constitutionof theKingdom of Denmark [Adopted on June 5, 1953]Part IGeneral ProvisionsSection 1Scope
This Constitution applies
to all parts of the Kingdom of Denmark.
Section 2State 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 3State 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 4State Church
The Evangelical Lutheran
Church shall be the Established Church of Denmark, and, as such, it
shall
be supported by the State.cralaw:red.Part IIThe KingSection 5Reigning no Other
Countries
The King shall not reign
in other countries except with the consent of the Parliament.cralaw:red.Section 6Member of the
State
Church
The King shall be a member
of the Evangelical Lutheran Church.cralaw:red.Section 7Of 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.cralaw:red.Section 8Sworn 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.cralaw:red.Section 9Vacancy 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.cralaw:red.Section 10Civil 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 11Annuities
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.cralaw:red.Part IIIPowers of the KingSection 12Supreme 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.cralaw:red.Section 13Responsibility 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.cralaw:red.Section 14Appointing
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.cralaw:red.Section 15Vote 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 16Impeachment 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 17Council 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 18Council of
MinistersIf 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 will immediately consent to the recommendations of the
Council
of Ministers, or have the matter brought before him in a Council of
State. Section 19Foreign 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 20Delegation 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 cooperation.
(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 21Introduction of
BillsThe King may cause Bills
and
other measures to be introduced in the Parliament. Section 22Royal AssentA 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 23Provisional LawsIn 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 24Prerogative of
Mercy
and AmnestyThe 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 25GrantsThe 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 26CoinageThe King may cause money
to
be coined as provided by Statute. Section 27Appointment of
Civil
Servants(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 IVThe ParliamentSection 28MembershipThe 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.cralaw:red.Section 29Right 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 30Eligibility 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 31Elections(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 is required.
(5) Special rules for the
representation of Greenland in the Parliament may be laid down by
Statute. Section 32Period(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 33Validity of
ElectionThe Parliament itself
shall
determine the validity of the election of any Member and decide whether
a Member has lost his eligibility or not. Section 34InviolabilityThe 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 VProcedures of the
ParliamentSection 35Constitutional
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 36Sessional 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 37LocationThe 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 38Account 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 39MeetingsThe 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 40Privileges of
MinistersThe 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 41Bills(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 42Referendum(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,
under 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
to
that 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 43TaxesNo 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 44Naturalization(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 45Finance 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 46Finance 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 47Auditing 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 48Rules of ProcedureThe Parliament shall lay
down
its own Rules of Procedure, including rules governing its conduct of
business
and the maintenance of order. Section 49PublicityThe 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 50ParticipationIn 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 51CommitteesThe 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 52Proportional
Representation
in CommitteesThe election by the
Parliament
of Members to sit on committees and of Members to perform special
duties
shall be according to proportional representation. Section 53DiscussionWith 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 54PetitionsPetitions may be submitted
tot
he Parliament only through one of its Members. Section 55Control of Civil
and
Military AdministrationBy 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 56Freedom of MembersThe Members of the
Parliament
shall be bound solely by their own conscience and not by any directions
given by their electors. Section 57Immunity of MembersNo 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 58RemunerationThe Members of the
Parliament
shall be paid such remuneration as may be Provided for in the Elections
Act. Part VIThe High CourtSection 59Membership(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
has expired.
(4) Rules for the High
court
of the Realm shall be provided by Statute. Section 60Actions(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 61Exercise of
Judiciary
PowerThe exercise of the
judiciary
power shall be governed only by Statute. Extraordinary courts of
justice
with judicial power shall not be established. Section 62Separation of
PowersThe administration of
justice
shall always remain independent of the executive power. Rules to this
effect
shall be laid down by Statute. Section 63Control 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 64Independence of
JudgesIn 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 65Publicity(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.cralaw:red.Part VIIState ChurchSection 66Church ConstitutionThe constitution of the
Established
Church shall be laid down by Statute. Section 67Right to WorshipThe 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 68Church
ContributionsNo one shall be liable to
make
personal contributions to any denomination other than the one to which
he adheres. Section 69Regulation of
Other
Religious BodiesRules for religious bodies
dissenting
from the Established Church shall be laid down by Statute. Section 70Freedom of ReligionNo 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 VIIIIndividual RightsSection 71Personal 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 72Inviolability of
the
HouseThe 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 73Right 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 74Free and Equal
Access
to TradeAny restraint of the free
and
equal access to trade which is not based on the public weal, shall be
abolished
by Statute. Section 75Right 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 76Compulsory
SchoolingAll 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 77Freedom of SpeechAny 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 78Freedom 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 79Freedom of AssemblyThe 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 80Dissolution of
AssembliesIn 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 81Military DutyEvery 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 82Local AutonomyThe right of the
municipalities
to manage their own affairs independently under the supervision of the
State shall be laid down by Statute. Section 83Abolition of
Privileges All privileges by
legislation
attached to nobility, title, and rank shall be abolished. Section 84Abolition of
Estate
TailsIn future no fiefs,
estates
tail inland or estates tail in personal property shall be created. Section 85Exemptions for
Military
ForcesThe 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 IXLocal Governments
&
IcelandSection 86Local GovernmentsThe 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 87IcelandCitizens 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 XConstitutional
AmendmentsSection 88Constitutional
Amendments
& Electors' VoteWhen 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 XIEnacting the
ConstitutionSection 89Abolishment 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.chanrobles virtualawlibrary
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