Isabella Carter
Iceland's constitution has been amended seven times since it was first instituted on 17 June 1944, when Iceland became a republic. The constitution, which is the supreme law of Iceland, is composed of 80 articles in seven sections. It outlines the leadership arrangement of the country and preserves the human rights of its citizens. Amendments to the constitution are enacted when approved by two consecutive parliamentary assemblies, with a general election in between. The president of Iceland must also confirm any amendment as provided by general law. The most recent English translation of the constitution includes amendments up until 1999, while the Icelandic version includes amendments up to 2013.
| Characteristics | Values |
|---|---|
| Date of the current constitution | 17 June 1944 |
| Number of amendments to the constitution | Seven |
| Requirements for an amendment to be passed | Approved by two consecutive parliamentary assemblies, with a general election in between and confirmed by the president of Iceland |
| Number of articles in the constitution | 80 |
| Number of sections in the constitution | Seven |
| Date of the English translation of the constitution | 1999 |
| Date of the Icelandic translation of the constitution | 2013 |
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What You'll Learn
The process of amending the Icelandic constitution
The Constitution of Iceland is the supreme law of the country, determining the leadership arrangement and preserving the human rights of its citizens. It was first instituted on 17 June 1944 when Iceland became a republic and has since been amended seven times.
The 79th Article of the Constitution outlines the process of amending the Icelandic Constitution. For an amendment to be passed, it must be approved by two consecutive parliamentary assemblies, with a general election in between. The President of Iceland must also confirm any amendment as per general law. However, several articles within the Constitution can be changed through ordinary legislation. For instance, the 35th Article, which addresses the assembly time of Parliament, may be altered through general law.
The 62nd Article, which defines the State Church as the Evangelical Lutheran Church, can also be amended by ordinary legislation. However, this alteration must be confirmed by a referendum available by secret ballot to all eligible voters.
In 2010, following the Kitchenware Revolution, Iceland's constitution was proposed to be revised through a unique, crowdsourced process. Citizens over 20 years of age, who did not hold public office, were able to run for a seat in the assembly, with the goal of revising the constitution with a focus on eight key topics, including democratic participation and environmental management. The assembly elections were held on November 27, 2010, and 25 individuals were elected from a pool of 522 candidates.
Despite these efforts, Iceland's constitutional saga remains ongoing, with a widely shared view that constitutional revision is long overdue. While there have been attempts at constitutional renewal, such as the Prime Minister's revision process, these have not garnered broad political support.
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Amendments to the status of the Church
The Constitution of Iceland, instituted on 17 June 1944, has been amended seven times. The 62nd Article of the Constitution defines the State Church as the Evangelical Lutheran Church. This may be amended by ordinary legislation, provided it is confirmed by a referendum available by secret ballot to all those able to vote.
The Evangelical Lutheran Church, as the State Church, is supported and protected by the State. However, this is subject to amendment by law. All persons have the right to form religious associations and practice their religion, as long as it does not conflict with good morals or public order. No one can lose their civil or national rights on account of their religion, nor can they refuse to perform civil duties on religious grounds. Everyone is free to remain outside religious associations and is not obliged to pay dues to a religious group they are not a part of.
The proposed amendments to the status of churches in Iceland suggest that the status of churches be determined by ordinary statutes, with amendments put forward to a referendum. This would allow the nation to directly decide on the issue, as provided for in the current Constitution.
The removal of the provision on the National Church from the Constitution has been a highly disputed matter. Some experts argue that removing the provision is a step towards separating church and state. Others believe that a binding referendum is required to amend the Constitution, as it would entail changing the status of the church.
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Amendments to human rights sections
The Constitution of Iceland is the supreme law of the country. It was first instituted on 17 June 1944 when Iceland became a republic and has since been amended seven times. The constitution is composed of 80 articles in seven sections, with the human rights of its citizens outlined in Sections VI and VII.
In 1995, extensive modifications were made when the human rights sections of the constitution were reviewed. The constitution guarantees a fair trial, with defendants having the right to attend their trial, confront witnesses, and present evidence. It also establishes equality for all Icelanders and forbids racial discrimination. Religious freedom is guaranteed, with the constitution stating that the Evangelical Lutheran Church shall be the State Church, supported and protected by the state. However, all persons have the right to form religious associations and practice their religion, as long as it does not go against public order or morals. The constitution also ensures that no one will lose any civil or national rights based on their religion and that everyone has the right to remain outside of religious associations.
In 2006, amendments were made to address the issue of immigrant women losing their residency rights if they left their spouses within three years of receiving residency permits. One amendment denied residency permits to immigrant women cohabiting with abusive partners, while the other offered women the opportunity to apply for a different type of residency permit, encouraging them to leave abusive relationships.
In 2010, a Universal Act of Marriage was passed, applying equally to heterosexual and homosexual couples. This act further solidified the country's commitment to human rights and equality for all its citizens.
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Amendments to voting eligibility
The Constitution of Iceland is the supreme law of the country. It was first instituted on 17 June 1944 and has since been amended seven times, mostly due to changes in the structure of constituencies and the conditions of voting eligibility.
Amending the Icelandic Constitution requires a two-step process. Firstly, an amendment must be approved by two consecutive parliamentary assemblies, with a general election in between. Secondly, the president of Iceland must confirm the amendment as provided by general law.
The eligibility requirements for voting in Iceland vary according to the type of election. For parliamentary and presidential elections, Icelandic citizens who are 18 years or older and domiciled in Iceland can vote. Danish citizens resident in Iceland on 6 March 1946 or the preceding ten years also have the right to vote in parliamentary elections. Foreign nationals from Sweden, Denmark, Norway, and Finland can vote in municipal elections if they have registered their domicile in Iceland before election day. Other foreign nationals must live in Iceland for three years to be eligible to vote in municipal elections.
Municipal elections are based on the right to vote due to domicile, whereas in other elections, citizenship is the condition. Icelandic nationals who have been domiciled abroad for less than eight years (as of 1 December of the year before the election) are automatically entitled to vote. Those who have been abroad for more than eight years must apply to the National Register of Iceland to be entered on the electoral roll.
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Historical context of the constitution
The Constitution of Iceland (Icelandic: Stjórnarskrá lýðveldisins Íslands, or "Constitution of the republic of Iceland") is the country's supreme law. It is composed of 80 articles in seven sections, and it establishes the country's leadership arrangement and preserves the human rights of its citizens.
The current constitution was first instituted on 17 June 1944, when Iceland became a republic. This date marked a pivotal moment in the nation's history, coinciding with its declaration of independence from Denmark. The constitution has since been amended seven times, mostly due to changes in the structure of the constituencies of Iceland and the conditions of voting eligibility.
Before 1849, Icelanders ruled themselves as they saw fit in domestic matters. However, these matters gradually came under the control of parliaments over which Icelanders had no influence. The Danes were reluctant to meet the demands of Icelanders for self-government, as they believed it would weaken Denmark's control in Schleswig and Holstein. However, when this region was annexed by Prussia in 1867, new conditions were created, and stöðulögin ("the laws of standing") were passed in 1871, determining Iceland's standing in relation to the Danish state.
In 1874, on the millennial anniversary of the settlement in Iceland, Christian IX became king of Denmark and attended the festivities. This opportunity was used to give Iceland its own separate constitution. In June 1849, the king of Denmark was forced to meet the demands of the liberals and nationalists, agreeing to a constitution for Denmark and, thus, also for Iceland. This constitution repealed absolute monarchy and established a constitutional monarchy in which power over most important issues was handed over to a parliament elected by the people.
With the sambandslögin ("relationship law") of 1918, Iceland became a sovereign state, and in 1920 the country received a new constitution to reflect this significant change. This constitution was called Stjórnarskrá konungsríkisins Íslands. In early 1944, the Althing approved the cancellation of the sambandslögin and agreed to a new constitution, in addition to proclaiming a referendum. An election was held in May of the same year, with a 98% turnout. 97% voted to break off the current relationship law with Denmark, and 95% approved a constitutional republic. On 17 June 1944, the Althing met at Þingvellir, where the constitution was ratified and the republic was established.
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Frequently asked questions
The amendments to Iceland's constitution can be found in the English and Icelandic versions of the document. The English translation includes amendments up to 1999, while the Icelandic version includes amendments up until 2013.
The Constitution of Iceland has been amended seven times since its ratification on June 17, 1944. The amendments were made primarily due to changes in constituency structures and voting eligibility requirements.
According to Article 79 of the Constitution, an amendment must be approved by two consecutive parliamentary assemblies, with a general election occurring between their terms. Additionally, the president of Iceland must confirm the amendment as per general law. However, certain articles, such as those regarding assembly times and the status of the church, can be modified by ordinary legislation or a referendum.
