The Icelandic Constitution

Constitution of Iceland - Full text

Icelanders were given their first constitution in 1874 when Iceland was still part of the Danish kingdom. Though it may be said that it is still valid in some respects, it has since been significantly amended. The first important change was in 1903, when Iceland was granted Home Rule, which went into effect in 1904. Considerable changes were made in 1915 when voting rights were expanded and women were granted the right to vote for seats in Althingi, the Icelandic parliament. A new constitution went into effect in 1920 following the recognition in 1918 of Iceland as independent of Denmark, though still in a personal union with the Danish king. This version of the constitution remained in force virtually unchanged until 1944 when the Republic of Iceland was founded.

The present constitution dates from 17 June 1944, and has been amended six times since. These amendments have especially concerned setting constituency boundaries and guaranteeing equal voting rights, but the most important change was made in 1995 when the human rights section was reviewed and reworded to conform to the international agreements of which Iceland is a signatory.

The main clauses in the constitution deal with organization of the state and the position of its citizens. The principal clauses provide that Iceland is a republic; that state power is divided into three parts, with legislative authority grounded in the people as expressed in democratic elections, that executive authority is dependent on legislative authority through the organization of representative government, that judicial power is independent; that the municipalities shall enjoy independence and that human rights shall be guaranteed.

The Republic and the President
The first section of the constitution states that Iceland is a republic with a parliamentary government, meaning that, in accordance with traditional understanding, Iceland has a representative government. The constitution then deals with the division into legislative, executive and judicial powers.

The second section of the constitution deals with the President of Iceland. He or she is elected by popular vote for a four-year term. He or she is a bearer of legislative power, as the president's signature is required on bills enacted by Althingi before a law may go into effect. The President bears no responsibility for seeing the laws are carried out, however, as the cabinet ministers are legally responsible for the acts that are signed.

The Cornerstone of the Society
The third and fourth sections of the constitution are articles concerning Althingi. It consists of 63 Members of Parliament who are elected for a term of four years in a general election with secret ballot. There are eight electoral constituencies and proportional voting is used. To be eligible to vote in a parliamentary election, a person must be at least 18 years of age and an Icelandic citizen. Althingi is a unicameral. Legislative and financial powers are vested in Althingi. The Ministers by virtue of their position sit in Althingi and are there to speak on behalf of the executive branch of the government. Althingi is charged with broad supervision of the executive branch and the government's financial affairs. The State Ombudsman and the National Audit Bureau come under Althingi.

The fifth section of the constitution deals with judicial power, though not in detail. The constitution provides that judicial power shall be set by law and that judges shall comply with the law in the exercise of their office. There are clauses ensuring the independence of judges so that they cannot be dismissed from office by a judgement. Provision is made that the judges shall resolve all controversies concerning the official limits of the power granted the authorities.

The sixth section provides that the Evangelical Lutheran Church of Iceland shall be the national church of Iceland and that the state government shall support and protect it. At the same time people are accorded the right to establish their own religious society and to practise their religion according to the conviction of each and everyone, but nothing may be carried out that is contrary to good morals and universal rules of behaviour. A person's civil rights may not be violated or limited because of his/her religion, nor may a person's general obligations as a citizen be reduced. At the same time people are equally free to reject any religious affiliation.

Freedom and Human Rights
The seventh section deals with general human rights and provides that all the nation's citizens shall be deemed equal. It is forbidden to dispossess a person of his citizenship as an Icelander unless he or she forfeits that right by accepting citizenship in another country. This section also guarantees freedom to travel. It is unlawful to deprive a person of his freedom without due process of law.

The use of torture or other treatment or punishment that is inhuman or lacking in respect for the accused is forbidden. The criminal code may not be retroactive and the law may never require the death penalty. Everyone has the right to a resolution of any case concerning their rights and obligations within a suitable period of time; the court session shall be open.

A person's private life and that of his/her family has immunity under the law. A bodily search or search for a person may only be carried out after obtaining a court order or in accordance with special legal authorisation. At the same time, property rights are protected and a person may not be required to give up any property unless deemed in the public interest.

There then follows an article guaranteeing freedom of speech that may only be limited if this is required by the security of the state or the general well-being, as deemed necessary and in conformity with democratic conduct. As a continuation of these articles, the constitution provides for freedom of association, including the freedom not to join an association. Freedom of assembly is also guaranteed. The right to work is guaranteed in a special paragraph as well as the right to negotiate working conditions and other rights connected with working.

Social rights are specially safeguarded by law, providing for all who need it the right to assistance because of illness, disability, old age, unemployment, and poverty and comparable circumstances, as well as a general education and instruction suited to a person´s ability.

The constitution provides that taxes shall be regulated by law and that no tax may be collected that has not been imposed by law at the time of any incident that established tax liability. This is in accordance with other articles in the constitution that provide that no tax shall be imposed nor removed except by law.

Finally, there are clauses concerning the independence of the municipalities and their sources of income, which shall be decided by law, as well as the rights of the municipalities to decide whether and how they are to utilise their income.

Any amendments to the constitution or relevant regulations or proposals shall be presented to Althingi and, if approved, Althingi shall be dissolved and a new general election shall be held. Then the proposal shall be presented to the newly elected Althingi and, if it is approved, it shall be presented to the President of Iceland for signing.

Source: Iceland - The New Millenium Series, Carol Nord ehf. Text by Professor Sigurður Líndal.

Constitution of Iceland - Full text