1.3 Main specifics of the constitutional system

The most important political organs are the Folketing and the Government. The Folketing consists of 179 members, two of whom are elected in Greenland and two in the Faroe Islands. The remaining 175 members are elected in Denmark.

The nominated candidates are elected on the basis of proportional representation, but the candidates run in individual single constituencies, and so most of those elected have a local connection reminiscent of those elected by majority voting in individual constituencies.

135 of the 175 members of the Folketing are elected on the basis of the votes cast for them in the local constituencies, while the remaining 40 members are chosen with a view to ensuring an overall proportional representation of the parties to which the candidates are linked. It is possible to run without belonging to the political parties, but only in once instance (1994) has a candidate succeeded in gaining election in this manner.

The voting age is not specified in the Constitution, but is decided in a special Act that must be approved by referendum. The voting age since 1978 has been 18. Immigrants without Danish nationality do not have the right to vote for the Folketing, but since 1989 they have been able to vote and had the right of election in local elections.

Source: http://www.denmark.dk/en/menu/AboutDenmark/GovernmentPolitics/Constitution/TheFolketing/


The government

The Government is appointed by the Queen and consists of the Prime Minister and the other ministers each with their own Department; individual ministers can be without a specific Department (i.e. without portfolio).

The choice of Prime Minister and other ministers is determined by the party composition in the Folketing. The government appointed may not have a majority of the Folketing against it. A newly appointed government begins working without necessarily having achieved a positive vote of confidence from the Folketing.

Source: http://www.denmark.dk/en/menu/AboutDenmark/GovernmentPolitics/Constitution/TheGovernment/


The courts

The independent courts constitute part of the distribution of power. Cases are generally dealt with in the first instance by a local or city court, and appeals against the judgements of the city courts can be made to one of the two High Courts. A few big cases and cases touching on administrative matters and certain other categories are dealt with by one of the two High Courts in the first instance.

The highest court is the Supreme Court (Højesteret), which only deals with cases that have already been dealt with by one of the two High Courts.

In the Danish court system there is no provision for special procedures or court organisation for administrative cases. These are dealt with by the ordinary courts.

Nor is there a constitutional court. Constitutional questions must be decided by the court that is otherwise dealing with the case, and in the final instance the question can be decided by the Supreme Court. Danish courts have been very reluctant to have recourse to the Constitution, and it was not until 1999 that the Supreme Court rejected a politically important Act as being contrary to the Constitution.

The judges are appointed by the Queen. The independence of the judges in carrying out their duties is ensured by section 64 of the Constitution, according to which in the performance of their duties judges shall be governed solely by the law. In contrast to other state appointed employees, judges cannot be dismissed administratively; they can only be dismissed by a court judgement.

In 1999 the administration of the courts was transferred to an independent state institution, the Court Administration. An independent comittee has been established which recommends the Ministry of Justice to appoint judges. These recommendations have so far been complied with.

Source: http://www.denmark.dk/en/menu/AboutDenmark/GovernmentPolitics/Constitution/Courts/