The Promulgation Theory on Statutory Interpretation and the Rule of Law in Denmark

Scandinavian Studies in Law, Volume 69 ‘Rule of Law’, 2023

Copenhagen Business School, CBS LAW Research Paper No. 23-02

27 Pages Posted: 19 Jun 2023 Last revised: 29 Jun 2023

See all articles by Mark Orberg

Mark Orberg

Copenhagen Business School - CBS Law

Date Written: May 29, 2023

Abstract

The article deals with statutory interpretation of public law statutes in Denmark.

The proposed theory on statutory interpretation - The Promulgation Theory - argues for certain interpretational 'meta rules', indicated by the Danish constitutional design in the text and structure of the constitution and indicated by the debates on the formulation and adoption of the constitution. As something new, the Promulgation Theory tries to link the specific constitutional design to a methodological interpretation of public law statutes. In many ways, the theory finds inspiration in debates on statutory interpretation in the US.

The theory does not aim to prove the existence of a certain set of meta rules for statutory interpretation of Danish public law statutes. It points to the separation of powers clause (Section 3), the take care clause (Section 22), the administrative review clause (Section 63), and the bound by the law clause (Section 64). The content of these four clauses - and the debates on the formulation and adoption of the constitution - comprise the main arguments for the Promulgation Theory.

In the view of the Promulgation Theory, 'faithful execution', 'textualism' and 'originalism' should be seen as guiding stars in Danish statutory interpretation.

Note: The original article is published in Scandinavian Studies in Law (http://www.scandinavianlaw.se/).

Keywords: Statutory interpretation, legal method, originalism, textualism, legitimacy

Suggested Citation

Orberg, Mark, The Promulgation Theory on Statutory Interpretation and the Rule of Law in Denmark (May 29, 2023). Scandinavian Studies in Law, Volume 69 ‘Rule of Law’, 2023, Copenhagen Business School, CBS LAW Research Paper No. 23-02, Available at SSRN: https://ssrn.com/abstract=4464041

Mark Orberg (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

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