LINGUISTIC ARCHAISMS AND LEGAL ANACHRONISMS IN THE CONSTITUTION OF THE KINGDOM OF DENMARK

Abstract

The present paper analyzes the constitution of the Kingdom of Denmark, the contents and linguistic form of which are based to a large extent on the first Danish fundamental statute of 1849. The study takes two directions: along with notes on the constitution‘s language, the factual contents of the text is assessed. Conclusions are examined with reference to both the function of the text from a linguistic perspective and the function of the constitution in the context of the function of law. The study in the linguistic sphere indicates a number of lexical archaisms, syntactical complexities and stylistic imperfections which seriously restrict comprehension of the constitutional text. Analysis of contents shows that the text refers more than once to non-existent legal status and historical realities, while sociopolitical changes occurring since the last amendments in 1953 are not reflected and it therefore fails to include the values essential to a contemporary society. These shortcomings of the Danish constitution are direct reasons why some functions attributed to the fundamental statute are weaker. Awareness of this fact became a direct impulse for Danish members of parliament to initiate a nation-wide debate over revising and supplementing the contents of the constitution in order to restore its desirable functions in a democratic country.