DENMARK

Until 1660 Denmark was governed by an elective ruler, and a representative legislature, in which sat nobles, clergy, and representatives of the towns. After 1536 the nobles constantly encroached upon the powers of the other estates and of the king, and for a time were the real rulers of the country. A union of king, clergy, and burgesses at the Rigsdag of 1660 deprived the nobles of their powers and special privileges, and the crown was made hereditary. The people, however, were not to reap the advantages of the victory which they had won; the king deprived them of all share in the government; the Kongelov of November 14, 1665, established an absolute monarchy, and remained in force until 1849.

Liberal principles began to spread in Denmark after 1830. Provincial assemblies were established in 1831, but were not organized until after the decrees of May 15, 1834, provided the regulations for each of the four provinces. In 1843 Iceland ceased to be a Danish province and was granted a separate legislature.

In the meantime a strong sentiment had developed in favor of a constitution. On January 28, 1848, a rescript was issued establishing a joint legislature for Denmark and the Duchies of Schlesvig and Holstein; this arrangement was unsatisfactory both to Denmark and to the duchies; the rescript was withdrawn, and a national assembly was convened, which adopted the constitution of June 5, 1849.

From 1848 to 1864 the constitutional development of Denmark was inextricably bound up with the Schlesvig-Holstein question. Holstein and Lauenburg were German in population and were members of the German Confederation; the inhabitants of southern Schlesvig were also German, but Schlesvig was not a member of the Confederation. These duchies had their independent institutions and were opposed to any closer union with Denmark. The German inhabitants of the duchies revolted in 1848, and were assisted by Prussia, but the duchies were saved

to Denmark by the victories of Danish armies and the interference of other powers. By the war of 1864 Austria and

Prussia wrested the duchies from Denmark.

On October 2, 1855, a constitution was adopted, which was made applicable to the duchies without their consent; the German Confederation in 1858 refused to recognize this constitution as binding in the duchies. A new constitution was thus rendered necessary and was adopted on November 18, 1863. This constitution united Schlesvig with Denmark and brought about the war of 1864 with Austria and Prussia.

After the loss of the duchies, the country returned to the constitution of July 5, 1849, which was revised and adopted on July 28, 1866. The government has steadily refused to adopt the principles of the parliamentary system, and has usually chosen ministers who do not possess the confidence of the popular house of the legislature. The results of this policy have been constant disagreements between the government and the legislature, frequent dissolutions, and for much of the time a practical deadlock as to all important legislation. During recent years the relations of the government and the legislature have been more satisfactory, and the ministry has worked in greater harmony with the Folkething.

SELECT BIBLIOGRAPHY

MATZEN, H. Den Danske Statsforfatningsret.

(3d ed., Kjöbenhavn,

1897-1901. Vols. I, II.) The leading treatise on Danish constitutional law.

Goos, C. UND Hansen, HenrIK. Das Staatsrecht des Königreichs Dänemark. (Freiburg, 1889. Handbuch des oeffentlichen Rechts.) The best brief study; it was also issued in Danish (Copenhagen, 1890). NYHOLM, C. V. Grundtrack af Danmarks Statsforvaltning. (4th ed., Copenhagen, 1893.)

ASCHEHOUG, T. H. Den Nordiske Statsret. (Copenhagen, 1885. Nordisk Retsencyklopaedi, Vol. I.) A comparative study of Danish, Norwegian, and Swedish constitutional law.

BLOMBERG, H. Den Nordiska Förvaltningsrätten. (Copenhagen, 1887-89. Nordisk Retsencyklopaedi, Vol. V.) A comparative study of the administrative systems of Denmark, Norway, and Sweden.

HOLCK, CARL GEORG. Den Danske Statsforfatningsret. Udgivet ved C. Goos og J. Nellemann. (Copenhagen, 1869. 2 vols.) After Matzen, the best extensive commentary.

CONSTITUTION OF DENMARK1

(June 5, 1849; revised July 28, 1866)

I

ARTICLE I. The form of government is that of a limited monarchy. The royal power is hereditary. The order of succession to the throne is that established by Arts. I and 2 of the law of July 30, 1853.

ART. 2. The legislative power is vested in the King and the Rigsdag acting together. The executive power is vested in the King. The judicial power is exercised by the courts. ART. 3. The Evangelical Lutheran church is the national church of Denmark and as such it is supported by the state.

II

ART. 4. The King shall not be the ruler of any other country without the consent of the Rigsdag.

ART. 5. The King shall belong to the Evangelical Lutheran church.

ART. 6. The King shall be of age when he has completed his eighteenth year. The same rule applies to the princes

of the royal house.

ART. 7. Before assuming office, the King shall make in writing before the Council of State an assurance under oath that he will maintain inviolable the constitution of the kingdom. Two identical originals of this act of assurance shall be prepared, one of which shall be delivered to the Rigsdag to be preserved in its archives, the other being deposited in the royal archives. If, immediately upon his succession to the throne,

In the preparation of this text assistance has been received from the translations in British and Foreign State Papers, Vol. LVIII (1867–68), p. 1223, and in Weitemeyer's Denmark (London, 1891).

the King cannot take this oath, because of absence or for any other reason, the Council of State shall govern until it is done, unless the law provides otherwise. If the King has aready taken such oath as heir to the throne, he shall enter upon the government immediately after his succession to the throne.

ART. 8. Provisions shall be made by law with reference to the conduct of the government in case of the King's minority, illness, or absence. Until such a law is enacted the government shall be temporarily conducted by the Council of State in the aforesaid cases. The Council shall immediately summon the Rigsdag, which shall decide in joint session in what manner the government shall be carried on until the King can assume his functions. If when the throne becomes vacant there is no successor, the Rigsdag in joint session shall elect a King and establish the future order of succession.

ART. 9. The King's civil list shall be fixed by law for the term of his reign. Such law shall at the same time designate what palaces and other state property form a part of the civil list. The civil list shall not be pledged for debt.

ART. IO. Appanages may be assigned by law to the other members of the royal family, but they shall not be enjoyed beyond the kingdom without the consent of the Rigsdag.

III

ART. II. The King, within the limitations prescribed by this constitution, shall have supreme authority over all of the affairs of the kingdom, and shall exercise it through his ministers.

ART. 12. The King is not responsible; his person is sacred and inviolable. The ministers are responsible for the conduct of the government; their responsibility shall be more particularly defined by law.

ART. 13. The King appoints and dismisses his ministers. He determines their number and the distribution of business among them. The King's signature gives validity to laws and to the resolutions relating to the government, if it is

accompanied by the signature of one or more ministers. Each minister is responsible for the resolutions which he signs.

ART. 14. Ministers may be called to account by the King or by the Folkething because of their conduct in office. The Court of Impeachment tries the accusations brought against ministers on account of their official acts.

ART. 15. The ministers together form the Council of State, in which the heir to the throne has a seat, if he is of age. The King acts as president, except in the cases mentioned in Arts. 7 and 8.

ART. 16. All laws and important matters of government shall be discussed in the Council of State. If, in a particular case, the King is prevented from holding a Council of State he may have the matters discussed in a council of ministers. This council shall consist of all of the ministers, under the presidency of one whom the King appoints president of the council. Each minister shall record his vote in the minutes and a decision shall be reached by a majority of votes. The president of the council shall lay before the King the minutes of the proceedings, signed by the members present, and the King decides whether he will immediately approve the recommendation of the council of ministers or consider the matter in the Council of State.

ART. 17. The King appoints to all offices in the same manner as heretofore. Alterations with respect to this matter may be made by law. No one shall be appointed to office who is not a citizen. Every civil and military officer shall take an oath to the constitution.

The King may dismiss the officers appointed by himself. Their pensions shall be fixed in accordance with the pension law.

The King may transfer public officers without their consent, provided that their official income is not diminished and that they have the choice between such transfer and retirement with a pension provided by general rules.