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National Sources of Law – questions and answers

1: When was the first Constitution passed in Denmark and when was it last amended and why?

5th of June 1849 and was last amended 1958 when the 2-chamber Parliament was abolished and when women became eligible as head of state (no political powers)

2: Name the constitutional freedom rights.

1. Personal freedom §71: a person can not be attained by the police for more than 24 hours without a judge’s ruling
2. Right of dwelling §72: nobody can demand to enter a private property unless he has a search warrant issued by the court or unless it is explicitly allowed according to an act.
3. Right of property §73: nobody is obliged to hand over his property except where required by public interest and it shall be done only as provided by an act and against full compensation.
4. Right to work §74: any restraint on the free and equal access to trade, which is not based on public interest, shall be prohibited by law. However, it is legal when some work requires a licence, ex. taxi drivers, restaurants, bars.
5. Right to education §76: 9 years of free education. Right to choose other teacher and schools than the public ones.
6. Freedom of speech §77: but you are responsible for what you say and you may be taken to court and fined/sentenced if what you say is untrue.
7. Right to associate §78: all citizens are free to form associations for any lawful purpose.
8. Right to assembly §79: all citizens have the right to assembly unarmed (demonstrations) without previous permission. You must however, inform the police and the police has the right to be present at public meetings.

3: How is power divided in Denmark

Legislative power = the Parliament (Folketinget)
Executive power = the Government
Judicial power = the Courts

The Parliament can remove the Government with a vote of no confidence
The Government can remove the Parliament by calling a general election
No one can remove the Courts

§20 gives

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