Democratization of territorial constitution : current trends and the constitutional experience of Denmark

Abstract

Purpose: The paper aims to analyze the processes of decentralization of public authority in Denmark. The authors assume that the main reason for expanding territorial units' autonomy is a general trend towards democratization of unitary states, as evidenced in other European countries, such as Italy, France, Spain, the United Kingdom and Northern Ireland. Design/Methodology/Approach: For the purpose of democratization of the territorial constitution of a regional country, it seems necessary: first, to create such constitutional governance mechanisms, which would enable to account for the interest of those populations to the fullest extent; second, to formulate the principles and norms of asymmetry of the territorial structure of a regional state with different legal status of different territorial units; third, to introduce a special legal mechanism for regulation of disputes between central and local governments. Findings: Characterizing the process of democratization in the modern unitary state, the authors conclude that significant success in the area of democratization of the territorial organization of public authority is due to the principal constitutional and legislative reforms aimed at devolution and decentralization of central power and delegation of authorities to local self-government above mentioned processes. Practical Implications: The research results may be implemented into legislation in order to improve and increase the effectiveness of realization of the vertical power separation in the decentralized states where territorial units are ensured with a relatively high level of independence and autonomy. Originality/Value: The main contribution of this study is to establish an interdependence between the processes of democratization and regionalization of power in modern state, as well as to analyze the positive foreign legal experience in the amicable resolution of contradictions between central and self-governing authorities.