My Constitutional Act with Explanations

Part ten contains one Section that determines how the Constitutional Act can be amended.

Section 88
If Parliament passes a Bill for a new constitutional provision and the Government wishes to proceed with the matter, a general election is called. If the Bill is passed without amendment by the new Folketing after the election, it must be submitted to the parliamentary electors within six months of its finally being passed for approval or rejection by a direct vote. More detailed rules for this vote are established by an Act. If a majority of those voting, and at least 40 per cent of all those entitled to vote, have voted for Parliament’s decision, and it is affirmed by the King, it becomes part of the Constitutional Act.

Section 88
This Section contains the rules for amending the Constitutional Act. The Constitutional Act is the Act that is most difficult to amend. A comprehensive procedure must be followed. First, Parliament must pass a constitutional amendment. Then the Government can call an election if it wishes to “proceed with the matter”.
After the election, Parliament must again pass the constitutional amendment. And the Bill must be worded in exactly the same way as before.

Finally, the constitutional amendment must be subjected to a referendum. The referendum is subject to some very special rules, which mean that it can be very difficult to pass an amendment in practice. It is not sufficient for there to be a majority in favour of the constitutional amendment. The majority must consist of at least 40 per cent of all of the citizens who are entitled to vote. In fact, this means that everybody who is entitled to vote counts, even if they do not vote or they abstain. If a lot of people stay at home instead of voting, it can be difficult to pass a constitutional amendment.

The referendum must take place no later than six months after the constitutional Bill was passed by Parliament. If a majority, and at least 40 per cent of those entitled to vote, vote in favour of the constitutional amendment, it takes effect when the Queen has signed it.