Danish Politics and the Danish Political System

1
Danish Politics and the Danish Political System
Dr. Tom Bryder

• An outline of Danish constitutional history and
  how democracy was established

September 13, 2007
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The Constitutional Act of the Kingdom of Denmark

• The cornerstone of the Danish constitution is
  Danmarks Riges Grundlov (The Constitutional Act
  of the Kingdom of Denmark) of 5 June 1953. This
  is the result of developments in constitutional
  law that began in 1849 with the introduction of a
  bicameral parliament and with human rights
  guaranteed by the Constitution.
• Today Denmark has a unicameral system, a system
  of parliamentary government and a queen who has
  only formal and ceremonial functions.
• The Constitution has not been changed since 1953,
  but by way of legislation and treaties
  far-reaching changes have been made in the
  constitutional legal structure, not least as a
  result of Danish membership of the EU.

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From Absolutism to a democratic party system

• Denmark was an absolute monarchy until 1849, when
  the first democratically elected parliament
  gathered. Experimenst with democracy on a local
  scale had started in the 1830s, but it took the
  upheaval of the 1848 revolutions to bring it up
  on a national scale.
• For the first 100 years as a democracy, Denmark
  had a two-chamber parliament much like Germany,
  the US or Great Britain. The constitution didnt
  consider parties, and it took a few decades for
  parties to form along the lines as we know today,
  comparably stable and well-defined groups of
  people with somewhat shared views.

4
The Government until 1849

• The Constitution of 1849 brought an end to the
  system of government that had obtained since the
  introduction of absolutism in 1660-1661.
• Under the absolute monarchy, the king had an
  unusually powerful position according to European
  reckoning.
• Not only did he head the government and
  administration, but he also formally held the
  presidency of the countrys highest court, the
  Supreme Court, which was established in 1661.
• Neither the nobility, clergy or citizenry had any
  formal check on the kings power.

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The Government until 1849 (continued)

• During the 18th century profound changes took
  place in the organisation of the state.
• Under the influence of French political
  philosophy the independence of the courts in
  relation to the king and the rest of the
  executive power was acknowledged
• the king did not take part in the work of the
  Supreme Court
• the nobility and the citizens took part in the
  administration of the state.

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The Advisory Provincial Assemblies

• The first steps towards a democratic
  representation were taken 1834, when the king
  established the Advisory Provincial Assemblies.
• Discussion here acted as a preparation for the
  constitutional system that was introduced
  1848-1849 by the National Constitutional
  Assembly.
• The fact that on 5 June 1849 Denmark was given a
  new Constitution replacing the absolute
  monarchical system was due in part to
  contemporary developments in Europe and in part
  to internal problems in the Danish monarchy.

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The Constitution

• The Constitution of 1849 is based on the
  principle of distribution of power, putting the
  legislative power in the joint hands of the king
  and Parliament, and the judicial power with the
  independent courts.
• The Parliament (the Rigsdag) consisted of two
  chambers, the Landsting and the Folketing.

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Candidature and voting qualificatioons

• Every man of 30 and above had the right to vote
  in elections to the Folketing
• exceptions were servants,
• those in receipt of charitable relief,
• those with criminal convictions and
• bankrupts.
• Although suffrage was universal according to the
  standards of that time, only about 13-14 of the
  adult population were in fact entitled to vote.
• All those with a right to vote in Folketing
  elections could also vote in Landsting elections.
• However the election of members of the Landsting
  was carried out indirectly, by electors, and
  eligibility was restricted to those aged 40 or
  more with a sizeable income.

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Right Centre Left

• After the passing of the Constitutional Act in
  1849 a number of loose political groupings
  emerged in the newly-established parliament, the
  Rigsdag. These crystallised into three main
  groups Venstre (Left), Højre (Right) and Centrum
  (Centre).
• Although parties are not mentioned in the
  Constitution, they were soon performing a key
  role in the political process.

10
Mass membership parties

• During the 1870s and 1880s mass membership
  parties were formed with their own organisations,
  and soon after the turn of the century the
  classical Danish four-party system had developed
  
• Højre, from 1915 called Det Konservative
  Folkeparti (The Conservative Peoples Party),
  supported by townspeople, independent tradesmen,
  and larger farmers, Venstre (The Liberal Party),
  with its roots in Det forenede Venstre (The
  United Left) from 1870, with its main support in
  the farming community, Det Radikale Venstre (The
  Social Liberal Party, formed 1905), supported by
  smallholders and radical intellectuals in the
  cities, and Socialdemokratiet (The Social
  Democratic Party) (founded 1871), the workers
  party.

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A Stable Party System with Four Major Parties

• The four-party system remained largely intact
  until 1960. Of smaller parties, the Danish
  Communist Party had a certain backing between
  1945 and 1957, but was excluded from influence.
• Facist and Nazi parties have never achieved much
  support or influence. Danmarks Retsforbund (The
  Single Tax Party), based on the principles of
  Henry George, had a certain significance between
  1947 and 1960 and was in the government coalition
  from 1957-1960.
• Industrialisation and the development of the
  public sector made the party divisions more
  complicated.

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Rights Ensured by the Constitution

• In stipulating that anyone arrested should be
  brought before a judge within 24 hours, the 1849
  Constitution established the right to freedom of
  the individual it also ensured the inviolability
  of ones dwelling and the right of property.
• At the same time
• freedom of expression,
• freedom to form associations, and
• freedom of assembly were guaranteed.
• The Constitution ensured everyone the right to
  public assistance and free schooling.

13
Constitutional Monarchy with Limited Powers

• The kings powers were strictly limited, but the
  monarchy retained certain prerogatives. The royal
  assent was necessary for bills passed by both
  chambers of the Rigsdag. The king himself chose
  his ministers, and he represented the nation in
  relation to other countries.
• The courts achieved independence in their
  functions, but the judges were still appointed by
  the king. The Constitution promised the
  introduction of juries in major criminal and
  political cases, a promise that was not fulfilled
  until the 1916 Administration of Justice Act.

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Changes to the Constitution 1866-1915

• Denmarks relations with its southern neigbours,
  particularly Prussia, has played a decisive role
  for constitutional developments.
• In 1866 a new Constitution was adopted for the
  radically reduced area of Denmark left after the
  Danish defeat at the hands of Prussia in 1864.
• The 1866 Constitution included strict limits on
  the almost universal male suffrage that had been
  recognised by the 1849 Constitution.
• In 1915, during the First World War, broad
  agreement was reached on constitutional reform.
  Universal suffrage was introduced, so that women
  and servants were also given the right to vote.
  While since 1849 there had been elections by
  majority vote in single constituencies, in 1918
  an electoral system was introduced combining
  proportional representation with elections in
  individual constituencies.
• Although since the beginning of the century there
  had been a desire to introduce referenda, partly
  by the Social Democrats and partly the Social
  Liberals, which were in power during the war, the
  1915 Constitution only contained provision for
  referenda in connection with constitutional
  change.

15
The Constitutional Reform of 1920

• A constitutional reform in 1920 adapted the 1915
  Constitution to the expanded Danish territory
  following the return of Southern Jutland to
  Denmark.
• In 1939 the Rigsdag passed a new Constitution,
  but it did not receive sufficient support in the
  referendum, and the 1915/20 Constitution thus
  remained in force during the Second World War.
  During the German occupation considerable
  departures from the provisions of the
  Constitution were necessary thus decrees
  replaced certain laws after the resignation of
  the government on 29 August 1943. These decrees
  were issued by the civil servant heads of
  departments.

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The Triumph of Progress in equality between Men
and Women

• On 5 June 1915, about 15,000 women marched
  through Copenhagen to Amalienborg Palace Square
  to celebrate the coming into force of the
  Constitution giving them full political rights.
• King Frederik IX signs the new constitution, the
  Constitution of 5th June 1953. The Prime Minister
  Erik Eriksen was present.
• The voters' interest in reform was muted, but the
  associated Act of Succession, which ensured
  Princess Margrethe the right of accession, led to
  the then necessary 45 of voters turning out and
  voting in favor.

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The Constitution of 1953

• After the end of the Second World War work began
  on reforming the Constitution, but only in 1953
  was a result achieved that could gain sufficient
  political support. The Constitution of 5 June
  1953 abolished the Landsting and confirmed the
  parliamentary principle for the composition of
  the government.
• Since 1901 the Danish king had accepted that he
  could not appoint a government that would lack
  the confidence of the majority in the Folketing
  however, it was only in the 1953 Constitution
  that it was expressly stated that the Folketing
  can declare its lack of confidence in a
  government, which in that case must either resign
  or call an election. (Negative Parliamenta-rianism
  )

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The Constitution of 1953 (continued)

• The 1953 Constitution maintains and expands the
  protection of human rights. Defence of personal
  freedom was extended to intensified control by
  the courts of administrative deprival of freedom,
  e.g. in the case of insanity. And the experiences
  of the war formed the background of an express
  prohibition of deprivation of freedom on account
  of descent, religious or political convictions.
• The 1953 Constitution applies also to the Faroe
  Islands and Greenland. On the basis of special
  legislation these two areas have achieved a
  relatively high degree of self-government, the
  so-called home rule government (the Faroe Islands
  in 1948, Greenland in 1979).

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Constitutional Changes

• It is difficult to change the Constitution. The
  procedure is spelt out in section 88 of the
  Constitution. A change or addition to the
  Constitution must first be passed by the
  Folketing this approval must then be repeated
  after a general election there is the further
  demand that a referendum shall be held on the
  constitutional proposal in which a majority of
  the votes cast must be in favour of the proposal,
  and this majority shall be of at least 40 of all
  those entitled to vote. It is especially this
  last condition which might be difficult to
  fulfil.
• Denmarks membership of the EU since 1973 has
  radically changed the conditions for
  parliamentary supervision of the production of
  regulations. A significant proportion of the
  regulations obtaining in Denmark have come from
  EU institutions or have been approved at national
  level for implementing EU directives.

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Parliamentary Control

• To strengthen parliamentary control a special
  Folketing committee has been established, the
  European Committee, chosen by and from the
  members of the Folketing.
• The Government consults the committee, which
  authorises the Government to assert its various
  standpoints. The European Committee has therefore
  a basis to exert a very tight control of the
  Government.
• The enormous volume of matters to be dealt with,
  however, makes it difficult to exercise the
  controls effectively, and preparation in the
  European Committee does not ensure a public
  discussion of the matters under review.
• A Danish Supreme Court judgement confirmed in
  1998 that Denmarks membership of EU as regulated
  by the Maastricht Treaty is not a contravention
  of the Danish Constitution.

21
A New Constitutional Reform?

• Consideration is regularly given to the question
  of whether the 1953 Constitution ought to be
  revised.
• Some politicians, for instance, would like to
  strengthen the Folketing by limiting the
  Governments right to dissolve it and call an
  election, and by making possible an independent
  judicial assessment of bills.
• Other politicians see a great need to strengthen
  the government, which, for instance in a minority
  situation, is often in a weak position.

22
The Modern Parliament in Denmark Folketinget

• Folketinget - "The Peoples Assembly" - today
  consists of 175 members elected in Denmark proper
  and two each elected in the north Atlantic
  possessions of Greenland and the Faeroe Islands.
  That is, all in all 179 mandates.
• The latter four members represent their own
  Greenland-only and Faeroe-only parties, some of
  whom are pro-independence, and they seldomly, due
  to their small numbers, have any real impact.
• The exception to the rule is the 1998-election,
  when it was 300 votes cast on the Faeroes that
  provided the last MP needed for the incumbent
  Social Democrat/Radical government to continue.

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Territorial Aspects of the Nation
-Rigsfællesskabet The United Kingdom of Denmark

• Rigsfællesskabet, often translated as the
  United Kingdom of Denmark, the Faroe Islands and
  Greenland, is not unique internationally, but
  nonetheless exceptional.
• The Danish Constitution of 1953 applies to all
  three parts of the country and the Faroe Islands
  and Greenland have parliamentary representation
  in the Folketing, the Danish Parliament.
• On the other hand, extensive home rule
  arrangements for the Faroe Islands and Greenland
  give the two North Atlantic parts of the country
  extensive self-government within the framework of
  the United Kingdom of Denmark.

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United Kingdom of Denmark - National Unit

• The United Kingdom of Denmark can be described as
  a politico-legal manifestation of the fellowship
  which historically, economically, linguistically
  and culturally unites the three parts of the
  country in one nation under the Danish
  Constitution.
• Apart from a number of mainly economic and
  cultural measures, the union primarily manifests
  itself in the common royal house, common currency
  and common basic legislation within civil and
  family law.
• In addition, security and foreign policy matters
  are handled by the national authorities, i.e. the
  Danish government with due deference to the
  interests of the Faroe Islands and Greenland and
  with the participation of their representatives
  in international negotiations.

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The Degree of Autonomy in Greenland and the Faroe
Islands

• But within this framework, the populations of the
  Faroe Islands and Greenland have extensive
  freedom to manage their internal affairs as they
  see fit under the Home Rule Acts of 1948 and 1979
  respectively.
• Historically, the constitutional connection of
  the three parts of the nation dates back to the
  dynastic union of Denmark and Norway in 1380, but
  the term The United Kingdom of Denmark is far
  more recent.
• It seems to have been first used in a letter from
  the Prime Ministers Office to the Greenland Home
  Rule Commission in 1975 and since then it has
  been retained to emphasise that the nation
  consists of three parts which despite
  considerable differences in climate, culture,
  lifestyle and ethnic identity are united in one
  Kingdom.

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A Proportional Voting System

• The MPs themselves today are apportioned to the
  various parties proportionally according to the
  number of votes they get. We will return to
  details later on in this course.
• As a consequence, the Folketing is always
  populated by a plethora of different parties, in
  the last couple decades ranging in number between
  7 and 11.
• After the last election in February 2005, the
  number came down to 7 with the failure of the
  Christian Democrats in convincing the electorate
  that they were not inconsequential vote-waste.

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The Jordskredsvalget (Watershed-election)1973

• The Watershed-election (Jordskredsvalget) in 1973
  (so named because new parties received almost a
  third of the number of MPs) produced the Progress
  party that, after shedding its (economically)
  ultra-liberal elements in the 1990s evolved into
  the Danish Peoples Party - essentially social
  democrats with an anti-immigration agenda.

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New Party Factions and Constellations

• Otherwise, the Communists dissolved into a
  plethora of smaller parties, that didnt come
  together until after the collapse of the Soviet
  Block, calling their new creation the Unity List.
  Up through the 90s, they have then mostly
  disbanded, making the List into a party in
  itself.
• With the loss of representation of some other
  products of the Watershed-election (the Center
  Democrats and Christian Democrats), the number of
  parties represented in parliament (again
  discounting the 4 northern Atlantic members) fell
  to its current 7.
• They are the following, ranged as they normally
  are from left to right in the political
  spectrum

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The Major Parties in Denmark

• Unity List
• Socialist Peoples Party ("SF" after its Danish
  abbreviation)
• Social Democats
• Radical Left ("The Radicals)
• Conservative Peoples Party ("The Conservatives")
• Left - Denmarks Liberal Party ("Left")
• Danish Peoples Party

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The sequence is deceiving, though

• The Conservatives and Liberals have formed the
  government since 2001, and to retain power the
  Liberals have moved more and more to the left,
  taking much of the Social Democrats positions on
  especially welfare policy.
• At the same time, the Danish Peoples Party has
  finished the process it started in the 90s to
  transform itself from an ultra-liberalist party
  into, essentially, the Social Democrats with an
  anti-immigration agenda.
• To guard against a flight of its voters to the
  Danish Peoples Party, the Social Democrats have
  themselves moved right, taking on some of the
  anti-immigration stance of that party.

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All towards the Middle?

• To compensate a bit for this rush to the centre,
  the Conservatives have tried to pair their
  pro-welfare policy with pro-business stances,
  while the fundamentalist humanist Radicals have
  moved to the right economically.
• The result of all this, however, is that all the
  choice one has among these seven parties is
  between two radical left-parties (Unity List and
  Socialist Peoples Party) and five different
  shades of social liberalism.

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Misrepresenative names of the parties?

• The Unity List is not one, but three parties
• The Socialist Peoples Party has nothing to do
  with the people
• The Radicals are the most moderate
• The Christian Peoples Party is recruiting
  moslems
• The party Left is actually rightwing
• The Conservatives are the most pro-change, and
• The Progress has been nothing but re-gressing
  since its foundation

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• END OF THE OVERVIEW