Adopted on: ۵ June ۱۹۵۳
Part I [General Provisions]
Section ۱ [Scope]
This Constitution applies to all parts of the Kingdom of Denmark.
Section ۲ [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٫ ۲۷th March٫ ۱۹۵۳.
Section ۳ [State Powers]
The legislative power is jointly vested in the King and the Parliament. The
execccutive power is vested in the King. The judicial power is vested in the
courts of justice.
Section ۴ [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 ۵ [Reigning no Other Countries]
The King shall not reign in other countries except with the consent of the
Parliament.
Section ۶ [Member of the State Church]
The King shall be a member of the Evangelical Lutheran Church.
Section ۷ [Of Age With ۱۸ 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 ۸ [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
execccuted٫ 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 ۹ [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 ۱۰ [Civil List]
(۱) 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.
(۲) The Civil List shall not be charrrgeable with any debt.
Section ۱۱ [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 ۱۲ [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 ۱۳ [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 ۱۴ [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 ۱۵ [Vote of No Confidence]
(۱) A Minister shall not remain in office after the Parliament has passed a
vote of no confidence in him.
(۲) 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 ۱۶ [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 ۱۷ [Council of State]
(۱) 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 ۸٫ and in the instances where the Legislature in pursuance of Section ۹
may have delegated the conduct of the government to the Council of State.
(۲) All Bills and important government measures shall be discussed in the
Council of State.
Section ۱۸ [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 will
immediately consent to the recommendations of the Council of Ministers٫ or have
the matter brought before him in a Council of State.
Section ۱۹ [Foreign Affairs]
(۱) 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.
(۲) 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.
(۳) 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 ۲۰ [Delegation of Powers]
(۱) 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.
(۲) 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 ۴۲.
Section ۲۱ [Introduction of Bills]
The King may cause Bills and other measures to be introduced in the Parliament.
Section ۲۲ [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 ۲۳ [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 ۲۴ [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 ۲۵ [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 ۵th June٫ ۱۸۴۹٫ or have been
warranted by a Statute passed since that date.
Section ۲۶ [Coinage]
The King may cause money to be coined as provided by Statute.
Section ۲۷ [Appointment of Civil Cervants]
(۱) 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.
(۲) Rules governing the dismissal٫ transfer٫ and pensioning of civil servants
shall be laid down by Statute٫ confer Section ۶۴.
(۳) 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 ۲۸ [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 ۲۹ [Right to Vote]
(۱) Any Danish subject whose permanent residence is in the Realm٫ and who has
the age qualification for suffrage provided for in Subsection (۲) 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.
(۲) The age qualification for suffrage shall be such as has resulted from the
Referendum held under the Act dated the ۲۵th March٫ ۱۹۵۳. 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 ۴۲ (۵)٫ which
was not resulted in the rejection of the provision.
Section ۳۰ [Eligibility for Membership]
(۱) 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.
(۲) Civil servants who are elected Members of the Parliament shall not require
permission from the Government to accept their election.
Section ۳۱ [Elections]
(۱) The Members of the Parliament shall be elected by general and direct
ballot.
(۲) 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.
(۳) 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.
(۴) 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.
(۵) Special rules for the representation of Greenland in the Parliament may be
laid down by Statute.
Section ۳۲ [Period]
(۱) The members of the Parliament shall be elected for a period of four years.(
۲) 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.
(۳) The Prime Minister shall cause a general election to be held before the
expiration of the period for which the Parliament has been elected.
(۴) No seats shall be vacated until a new election has been held.
(۵) Special rules may be provided by Statute for the commencement and
determination of Faeroe Islands and Greenland representation in the Parliament.
(۶) If a Member of the Parliament becomes ineligible his seating the Parliament
shall become vacant.
(۷) On approval of his election each new Member shall make a solemn declaration
that he will adhere to the Constitution Act.
Section ۳۳ [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 ۳۴ [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 ۳۵ [Constitutional Session]
(۱) 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.
(۲) Immediately after the proving of the mandates the Parliament shall
constitute itself by the election of a President and Vice-Presidents.
Section ۳۶ [Sessional Year]
(۱) 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.
(۲) 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 ۳۷ [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 ۳۸ [Account of the General State of the Country]
(۱) 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.
(۲) Such account shall be made the subject of a general debate.
Section ۳۹ [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 ۴۰ [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 ۴۱ [Bills]
(۱) Any Member of the Parliament shall be entitled to introduce Bills and other
measures.
(۲) No Bill shall be finally passed until it has been read three times in the
Parliament.
(۳) 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.
(۴) 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
dropppped.
Section ۴۲ [Referendum]
(۱) 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.
(۲) Except in the instance mentioned in Subsection (۷)٫ no Bill which may be
subjected to a Referendum٫ confer Subsection (۶)٫ shall receive the Royal
Assent before the expiration of the time limit mentioned in Subsection (۱)٫ or
before a Referendum requested as aforesaid has take place.
(۳) 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.
(۴) Where the Parliament has made no resolution in accordance with Subsection
(۳)٫ 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.
(۵) 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.
(۶) 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 discharrrging
existing treaty obligations shall not be subject to a decision by Referendum.
This provision shall also apply to the Bills referred to in Sections ۸٫ ۹٫ ۱۰٫
and ۱۱٫ and to such resolutions as are provided for in Section ۱۹٫ 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 ۸۸.
(۷) 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 (۱) 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.
(۸) 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 ۴۳ [Taxes]
No taxes shall be imposed٫ altered٫ or repealed except by Statute; nor shall
any man be conscripttted or any public loan be raised except by Statute.
Section ۴۴ [Naturalization]
(۱) No alien shall be naturalized except by Statute.
(۲) The extent of the right of aliens to become owners of real property shall
be laid down by Statute.
Section ۴۵ [Finance Bill]
(۱) 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.
(۲) 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 ۴۶ [Finance Act]
(۱) Taxes shall not be levied before the Finance Act or a Provisional
Appropriation Act has been passed by the Parliament.
(۲) 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 ۴۷ [Auditing of Public Accounts]
(۱) The Public Accounts shall be submitted to the Parliament not later than six
months after the expiration of the financial year.
(۲) 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.
(۳) The Public Accounts together with the Auditors'' Report shall be
submitted to the Parliament for its decision.
Section ۴۸ [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 ۴۹ [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 ۵۰ [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 ۵۱ [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 ۵۲ [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 ۵۳ [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 ۵۴ [Petitions]
Petitions may be submitted tot he Parliament only through one of its Members.
Section ۵۵ [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 ۵۶ [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 ۵۷ [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 ۵۸ [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 ۵۹ [Membership]
(۱) 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.
(۲) The High Court of the Realm shall elect a president from among its members.
(۳) 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.
(۴) Rules for the High court of the Realm shall be provided by Statute.
Section ۶۰ [Actions]
(۱) The High Court of the Realm shall try such actions as may be brought by the
King or the Parliament against Ministers.
(۲) 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 ۶۱ [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 ۶۲ [Separation of Powers]
The administration of justice shall always remain independent of the
execccutive power. Rules to this effect shall be laid down by Statute.
Section ۶۳ [Control of execccutive Power]
(۱) The courts of justice shall be entitled to decide any question bearing upon
the scope of the authority of the execccutive 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 execccutive
power.
(۲) Questions bearing upon the scope of the authority of the execccutive 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 ۶۴ [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 ۶۵ [Publicity]
(۱) In the administration of justice all proceedings shall be public and oral
to the widest possible extent. (۲) 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 ۶۶ [Church Constitution]
The constitution of the Established Church shall be laid down by Statute.
Section ۶۷ [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 ۶۸ [Church Contributions]
No one shall be liable to make personal contributions to any denomination other
than the one to which he adheres.
Section ۶۹ [Regulation of Other Religious Bodies]
Rules for religious bodies dissenting from the Established Church shall be laid
down by Statute.
Section ۷۰ [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 ۷۱ [Personal Liberty]
(۱) 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.
(۲) A person shall be deprived of his liberty only where this is warranted by
law.
(۳) 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.
(۴) The finding given by the judge may at once be separately appealed against
by the person concerned to a higher court of justice.
(۵) No person shall be remanded for an offence that can involve only punishment
consisting of a fine or mitigated imprisonment.
(۶) 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.
(۷) The persons mentioned in Subsection (۶) shall be under supervision by a
board set up by the Parliament٫ to which board the persons concerned shall be
permitted to apply.
Section ۷۲ [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 ۷۳ [Right to Property٫ Expropriation]
(۱) 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.
(۲) 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.
(۳) 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 ۷۴ [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 ۷۵ [Right to Work]
(۱) 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.
(۲) 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 ۷۶ [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 ۷۷ [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 ۷۸ [Freedom of Association]
(۱) The citizens shall be entitled without previous permission to form
associations for any lawful purpose.
(۲) Associations employing violence٫ or aiming at attaining their objecttt by
violence٫ by instigation to violence٫ or by similar punishable influence on
people of other views٫ shall be dissolved by judgment.
(۳) 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.
(۴) Cases relating to the dissolution of political associations may without
special permission be brought before the highest court of justice of the Realm.
(۵) The legal effects of the dissolution shall be determined by Statute.
Section ۷۹ [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 ۸۰ [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 ۸۱ [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 ۸۲ [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 ۸۳ [Abolishing of Privileges]
All privileges by legislation attached to nobility٫ title٫ and rank shall be
abolished.
Section ۸۴ [Abolishing of Estate Tails]
In future no fiefs٫ estates tail inland or estates tail in personal property
shall be createeed.
Section ۸۵ [Exemptions for Military Forces]
The provisions of Sections ۷۱٫ ۷۸٫ and ۷۹ 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 ۸۶ [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 ۸۷ [Iceland]
Citizens of Iceland who enjoy equal rights with citizens of Denmark under the
Danish-Icelandic unionnn (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 ۸۸ [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 ۴۰ 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 ۸۹ [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٫ ۵th
June٫ ۱۹۱۵٫ as amended on the ۱۰th September٫ ۱۹۲۰٫ 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٫ ۵th June٫ ۱۹۱۵٫
as amended on the ۱۰th September٫ ۱۹۲۰٫ shall remain in force.