Denmark observes Constitution Day this Thursday, a day that serves as the nation’s closest equivalent to a national day. Despite its significance, there seems to be a reluctance to fully embrace Constitution Day as a celebration of Danish democracy.

Denmark’s approach to national holidays differs from that of other countries. The Constitution, established in 1849, marked the transition from autocracy to a government founded on free elections and the separation of powers. This shift, while somewhat sudden, laid the groundwork for subsequent revisions of the Constitution in 1915 and 1953.

Constitution Day prompts reflection on the relevance of the 1953 Constitution and whether a comprehensive reform is needed to better reflect contemporary Danish constitutional life. Key omissions include the EU, NATO, and a comprehensive treatment of human rights. The Constitution also refers to the King instead of the government and lacks mention of political parties, among other aspects of modern political life.

The Constitution lacks explicit references to democracy, popular rule, or the source of power residing in the people. It designates the Evangelical-Lutheran Church as the national church, supported by the state. Ambiguities surrounding the relationship between Denmark, the Faroe Islands, and Greenland also exist within the Constitution.

The flexibility of the Constitution, while not hindering the development of popular rule, may contribute to a lack of seriousness towards the Constitution, law, and justice. The legislature and government possess considerable freedom, as demonstrated during the corona crisis.

Given the current threats to the form of government, discussions about democracy and its foundation are crucial. Aligning the Constitution with constitutional reality is essential.

Constitution Day should be elevated to a national holiday, celebrating the peaceful transition from autocracy and the democratic system that allows citizens to participate in shaping the country’s leadership and organization.