Retsstatslighed

Retsstatslighed, often translated as the rule of law, is a fundamental principle in Danish legal and political discourse. It denotes that public power is exercised within the framework of law, and that individuals and entities are protected against arbitrary actions by authorities. Under retsstatslighed, government decisions must be justified by legal rules, and rights and freedoms are safeguarded through legal remedies and judicial control.

Key elements of retsstatslighed include the supremacy of the law, the legality principle (no action can be taken without a legal basis), and the separation of powers among legislative, executive, and judicial branches. An independent judiciary has the task of reviewing actions by public authorities, ensuring proportionality and due process, and upholding fundamental rights. Legal certainty, transparency, and accountability are also central, enabling predictable governance and avenues for redress.

In Denmark, retsstatslighed is embedded in the constitutional order and complemented by European and international human rights law, such as the European Convention on Human Rights. The administrative system binds public authorities to statutes and binding rules, with judicial review available against administrative decisions. Administrative law and the public’s access to justice are important facets of the principle.

Practically, retsstatslighed protects citizens and businesses from arbitrary state power, supports fair treatment, and fosters trust in public institutions. It also faces challenges, such as balancing individual rights with national security, efficiency, and rapid policy responses in modern governance, including digital administration and data protection. Overall, retsstatslighed remains a cornerstone of democratic governance, aiming to limit abuse of power and ensure legal accountability.