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.
References
Banaszak Bogusław, 2004, Porównawcze prawo konstytucyjne współczesnych państw demokratycznych, Kraków, Kantor Wydawniczy Zakamycze.
Christensen Jens Peter, 2002, Grundloven – hvorfor og hvordan?, København, Folketinget.
Grzybowski Marian, tłum., 2002, Konstytucja Królestwa Danii, Warszawa, Wydawnictwo Sejmowe.
Kiklewicz Aleksander, 2008, Dwanaście funkcji języka, „LingVaria‖ R. 3: 2008, nr 2(6), s. 9–27.
Konstytucja Rzeczpospolitej Polskiej, 2008, Warszawa, Agencja Wydawnicza MZ.
Nielsen Rasmus, 2003, Grundlovsdebatten 1999–2003. Indtryk fra den folkelige grundlovsdebat, København, Folketinget.
Jacobson Lis, red., Nudansk Ordbog, 1962, , København, Politikens Forlag.
Pedersen Susannah, 2001, Explanations in Grundloven på let dansk, København, Folketinget.
Witkowski Zbigniew, Galster Jan, Szyszkowski Wacław, 1999, Podstawy prawa konstytucyjnego Rzeczpospolitej Polskiej, Toruń, Wydawnictwo Prawnicze.
Wronkowska Sławomira, 2007, O cechach języka tekstów prawnych, [w:] Język polskiej legislacji, czyli zrozumiałość przekazu a stosowanie prawa. Materiały z konferencji zorganizowanej przez Komisję Kultury i Środków Przekazu oraz
Komisję Ustawodawczą, red. Senat Rzeczpospolitej Polskiej, Warszawa, Kancelaria Senatu, s. 15–25.
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