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.
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.
4 [State Church]
The Evangelical Lutheran Church shall be the Established Church of Denmark,
and, as such, it shall be supported by the State.
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.
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.
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
(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
(2) The Civil List shall not be chargeable with any debt.
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
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.
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.
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.
(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.
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.
(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
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.
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 will
immediately consent to the recommendations of the Council of Ministers, or
have the matter brought before him in a Council of State.
(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
(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.
(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.
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
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.
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.
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.
(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.
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.
(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
(5), which was not resulted in the rejection of the provision.
(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
(2) Civil servants who are elected Members of the Parliament shall not
require permission from the Government to accept their election.
(1) The Members of the Parliament shall be elected by general and direct
(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
(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
(5) Special rules for the representation of Greenland in the Parliament may be laid
down by Statute.
(1) The members of the Parliament shall be elected for a period of four
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.
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.
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.
(1) A newly elected Parliament shall assemble at on the twelfth week-day after the
day of election, unless the King has previously convoked a meeting of its
(2) Immediately after the proving of the mandates the Parliament shall
constitute itself by the election of a President and Vice-Presidents.
(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
(2) On the first day of the sessional year at the Members shall assemble for a
new session of the Parliament.
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.
(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.
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
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
(1) Any Member of the Parliament shall be entitled to introduce Bills and
(2) No Bill shall be finally passed until it has been read three times in the
(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
(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
(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
(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 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
and in Greenland, shall be laid down by Statute.
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.
(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
(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
(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.
(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.
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.
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.
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.
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
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.
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.
The Members of the Parliament shall be paid such remuneration as may be
Provided for in the Elections Act.
(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
(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
(4) Rules for the High court of the Realm shall be provided by Statute.
(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.
(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
(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.
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.
(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
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.
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.
(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
(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
(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
(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.
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.
(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.
(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.
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.
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
(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
(5) The legal effects of the dissolution shall be determined by Statute.
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.
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.
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
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.
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.
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
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.
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