Denmark’s Constitution Day is a time to celebrate the nation’s democratic foundation, but also to reflect on the need for constitutional reform to address outdated provisions and ensure stronger protection of fundamental rights in a changing world. While the constitution has ensured free elections, separation of powers, and a stable democracy for generations, it has only been adjusted four times since 1849, with the latest revision in 1953.

Several areas require attention, including the absence of a clear prohibition against torture, inadequate provisions for fair trials, and insufficient protection of privacy and property rights. The current constitution also lacks explicit protections for the right to health, housing, and the best interests of the child, as well as principles of equal treatment and non-discrimination.

The international legal order is under pressure, making it necessary to reinforce fundamental values and legal principles within Denmark. The constitution should be expanded with a catalog of rights that reflects contemporary values and realities.

Specific improvements could include a clear ban on torture, a stronger right to a fair trial, a comprehensive prohibition of discrimination, and enhanced protection of privacy in the digital age. A modern description of freedom of expression and information is also needed, taking into account the digital landscape and ensuring real protection.

Constitutional revision is a challenging but necessary process to ensure the national pact between the state and its citizens reflects shared values and safeguards individual rights against majority power. Drawing inspiration from countries like Finland and Norway, which have modernized their constitutions, could provide valuable insights.