lovfæstet

Lovfæstet is a Danish legal term describing something that is fixed, guaranteed, or established by statute. The word combines lov (law) with fæstet (fixed or anchored), and it is used to indicate that a provision, right, or obligation exists primarily because it is written into law rather than arising solely from custom, administrative practice, or judicial decision.

In practice, lovfæstet rights or rules are those explicitly codified in statutory texts. This can include protections, duties, or procedures that a legislature has enacted, providing precise rules, remedies, and enforcement mechanisms. The emphasis is on formal codification in statute as the source of the obligation or entitlement.

Relation to other sources of law is a key aspect of the concept. Lovfæstet rights are distinct from constitutional protections, which are enshrined in a constitution. Both types typically require legislative action to modify, but constitutional provisions often entail more restrictive amendment processes. By contrast, statutory provisions can usually be altered or repealed by ordinary legislation, subject to constitutional limits and judicial review.

Significance and impact: the label “lovfæstet” signals clarity, predictability, and enforceability, since the rules are anchored in statutory text. It also implies that changes to the right or obligation are subject to the legislative process, which can influence political feasibility and legal stability.

Related concepts include grundlovssikrede (constitutionally guaranteed) rights and general statutory law.