Constitution of the Republic of Iceland I. Article 1 Iceland is a Republic with a parliamentary government. I. Article 1 Iceland is a Republic with a parliamentary government. Article 2 The Althingi and the President of Iceland together exercise the legislative power. The President and other governmental authorities according to this Constitution and other laws of the land exercise the executive power. Judges exercise the judicial power. II. Article 3 The President of Iceland shall be elected by the people. Article 4 Any person who is 35 years of age and fulfils the requirements for the right to vote in elections to the Althingi, with the exception of the residence requirement, is eligible to be elected President. Article 5 The President shall be elected by direct, secret ballot of those who have the right to vote in elections to the Althingi. A presidential candidate shall be proposed by not less than 1500 voters and not more than 3000. The candidate, if there is more than one, who receives the most votes is duly elected President. If there is only one candidate, he is duly elected without a vote. Further provision shall be made in law for the candidature and election of the President, in which it may be provided that a specific number of proposers shall emanate from each quarter of the country in proportion to the number of voters there. Article 6 The President's term of office begins on the 1 st of August and ends on the 31 st of July four years later. The election of the President takes place within the month of June or July of the year in which the term ends. Article 7 If the President dies or resigns prior to the expiry of his term, a new President shall be elected for a period ending on the 31 st of July of the fourth year from the election. Article 8 If the Office of President of the Republic becomes vacant or if the President is unable to perform his duties because of a stay abroad, illness, or other reasons, the Prime Minister, the President of the Althingi and the President of the Supreme Court shall exercise presidential authority. The President of the Althingi shall preside at their meetings. In a divergence of opinion among them, the majority shall prevail. Article 9 The President of the Republic may not be a Member of the Althingi or accept salaried employment in the interest of any public institution or private enterprise. Disbursements from state funds to the President or those who exercise presidential authority shall be established by law. These disbursements to the President may not be reduced during his term of office. Article 10 On assuming office, the President shall take an oath or pledge to uphold the Constitution. Two identical originals shall be made of this oath or pledge. One is to be kept by the Althingi and the other by the National Archives. Article 11 The President of the Republic is not responsible for executive acts. The same applies to those who exercise presidential authority. The President may not be prosecuted on a criminal charge except with the consent of the Althingi. The President may be removed from office before his term expires if this is approved by a majority vote in a popular referendum called upon a demand of the Althingi, by a resolution approved by three-fourths of the Members. Such referendum shall then be held within two months after the adoption by the Althingi of such resolution. The President shall not perform his duties from the time the resolution is adopted by the Althingi until the results of the referendum are known. If the demand by the Althingi is not approved in the referendum, the Althingi shall forthwith be dissolved and new elections be called. Article 12 The President of the Republic shall reside in or near Reykjavik. Article 13 The President entrusts his authority to Ministers of Government. The seat of Government is in Reykjavik. Article 14 Ministers are responsible for all executive acts. The responsibility of Ministers is established by law. The Althingi may impeach Ministers on account of their official acts. The National Court of Impeachment decides such cases. Article 15 The President appoints Ministers and discharges them. He determines their number and assignments of duty. Article 16 The President of the Republic and the Ministers form the State Council, which is presided over by the President. Laws and important government measures shall be submitted to the President in the State Council. Article 17 Ministerial meetings shall be held in order to discuss new legislative proposals and important matters of government. Furthermore, ministerial meetings shall be held when one of the Ministers wishes to raise a matter there. The meetings shall be presided over by the Minister to whom the President of the Republic has assigned that role, who is designated Prime Minister. Article 18 The Minister who has signed a measure shall, as a rule, be the one to submit it to the President. Article 19 The Presidential signature validates a legislative act or government measure when countersigned by a Minister. Article 20 The President makes appointments to public offices as provided by law. No person may hold public office unless he has Icelandic nationality. Each official shall take an oath or pledge to uphold the Constitution. The President may remove from office any official whom he has appointed thereto. The President may transfer officials from one office to another on the condition that their official remuneration is not reduced, and that they have an option between such transfer and retirement with a pension or old-age allowance as prescribed by law. Beside the officials mentioned in Article 61, certain categories of officials may be exempted by law from this provision. Article 21 The President of the Republic concludes treaties with other states. He cannot make any such treaties however, if they involve a renouncement of, or bonds upon territory or territorial waters, or if they require changes in the constitutional order of government, except upon approval by the Althingi. Article 22 The President of the Republic shall convene the Althingi not later than ten weeks after general parliamentary elections. The President opens the regular session of the Althingi each year. Article 23 The President of the Republic may adjourn sessions of the Althingi for a specific period of time, but not for more than two weeks nor more than once a year. The Althingi may, however, authorize the President to deviate from this provision. If a session of the Althingi has been adjourned, the President of the Republic may nevertheless convene the Althingi if necessary. The President, moreover, is obliged to do so upon request by a majority of the Members of the Althingi. Article 24 The President of the Republic may dissolve the Althingi, in which event new general elections must be held before 45 days have elapsed since the dissolution was announced and the Althingi shall convene not later than ten weeks after its dissolution. Members of the Althingi shall keep their mandate until election day. Article 25 The President of the Republic may have bills of law and draft resolutions submitted to the Althingi. Article 26 If Althingi has passed a bill, it shall be submitted to the President of the Republic for confirmation not later than two weeks after it has been passed as law, and such confirmation will give it the force of law. If the President declines confirmation of a bill, it shall nevertheless become valid as law but shall, as soon as circumstances permit, be submitted by referendum to a vote of all those having the right to vote, for approval or rejection by secret ballot. If approval is denied, the law shall become void, but otherwise retain its force. Article 27 All laws shall be published. The form of publication and the implementation of laws shall be in accordance with law. Article 28 In case of urgent need, the President may issue provisional laws when the Althingi is not in active session. Such laws must not, however, run counter to the Constitution. They shall always be submitted to the Althingi as soon as it has convened again. If the Althingi does not approve a provisional law or does not complete its consideration thereof within six weeks after convening, the law shall become void. A provisional budget may not be issued if the Althingi has passed the budget for the fiscal year. Article 29 The President may decide that the prosecution for an offence be discontinued if there are strong reasons therefor. He grants individual pardon and general amnesty. However, he may not absolve a Minister from prosecution or from a punishment imposed by the National Court of Impeachment, except with the consent of the Althingi. Article 30 The President grants, either himself or through other government authorities, exemptions from laws in accordance with established practice. III. Article 31 The Althingi shall be composed of 63 Members elected by the people by secret ballot on the basis of proportional representation for a term of four years. The electoral districts shall be no fewer than six and no more than seven in number. Their boundaries shall be determined by law, except that the National Election Board may be authorized to determine electoral district boundaries in Reykjavik and vicinity. In each electoral district there shall be at least six district seats, to be allocated on the basis of the election results within the district. The number of Althingi seats for each district shall in other respects be determined by law, subject, however, to paragraph 5 below. Seats other than district seats shall be distributed upon the electoral districts and be allocated for purposes of equalisation among political parties in order that each party will receive the number of Althingi seats corresponding the most closely with the overall number of votes received by that party. However, only those political parties which have received at least five per cent of all votes validly cast across the country shall qualify for such allocation. In the event that, after elections to the Althingi, the number of registered voters behind each Althingi seat, including equalisation seats, in any one electoral district becomes lower by one-half than the number in any other electoral district, the National Election Board shall change the number of seats in the electoral districts for the purpose of reducing such difference. This shall be provided for in further detail by law. Provisions of law relating to election district boundaries and the methods of allocating seats in the Althingi can only be amended by a two-thirds majority of the Althingi vote. Article 32 The Althingi functions as a single chamber of sessions. Article 33 All persons who are 18 years of age or older when an election is held and have Icelandic nationality have the right to vote in elections to the Althingi. Permanent domicile in Iceland when the election takes place is also a requirement for voting, unless exceptions from this rule are stipulated in the law on elections to the Althingi. Further provisions regarding elections to the Althingi shall be laid down in the law on elections. Article 34 Every national having the right to vote in elections to the Althingi and an unblemished reputation is eligible to be elected to the Althingi. Judges of the Supreme Court, however, are not eligible. IV. Article 35 The Althingi shall convene for a regular session every year on the 1 st of October or, if the day is a holiday, on the following working day, and continue in session until even date in the next year, unless the election period of the Members has elapsed earlier or the Althingi has been dissolved. The opening date of the regular session of the Althingi may be changed by law. Article 36 The Althingi is inviolate. No person may disturb its peace or violate its freedom. Article 37 The Althingi shall normally convene in Reykjavik. Under special circumstances, the President of the Republic may order that the Althingi convene at another place in Iceland. Article 38 Members of the Althingi and Ministers have the right to introduce bills of law and draft resolutions. Article 39 The Althingi may appoint committees of its Members for the purpose of investigating important matters of public interest. The Althingi may grant authority to such committees to request testimony, oral or written, from officials as well as from individuals. Article 40 No tax may be imposed, altered or abolished except by law. Nor may loans, binding upon the State, be raised or any real estate belonging to the State or the right of use thereof be sold or otherwise disposed of, except by authority in law. Article 41 No disbursement of funds may be made unless authorized in the budget or a supplementary budget. Article 42 A budget proposal for the coming fiscal year, containing a report on the revenue and expenditure of the State, shall be submitted to each regular session of Althingi upon it being convened. Article 43 The auditing of finances of the State and its institutions and State enterprises shall be carried out under the auspices of the Althingi and on its behalf according to further provision by law. Article 44 No bill may be passed as law until it has received three readings in the Althingi. Article 45 Regular elections to the Althingi shall take place not later than at the end of the electoral term. The beginning and end of the electoral term shall be on the same weekday of a month, counting from the beginning of the month. Article 46 The Althingi itself decides whether its Members are legally elected and also whether a Member has lost eligibility for election to the Althingi. Article 47 Each new Member of the Althingi shall take a pledge to uphold the Constitution as soon as his election has been approved as valid. Article 48 Members of the Althingi are bound solely by their conviction and not by any instructions from their constituents. Article 49 While the Althingi is in session, no Member of the Althingi may be subjected to custody on remand nor to a criminal action being brought against him without the permission of the Althingi, unless he is caught in the act of committing a crime. No Member of the Althingi may be called to account outside the Althingi for statements made by him within the Althingi, except with the permission of the Althingi. Article 50 If a Member of the Althingi loses eligibility for election to the Althingi, he forfeits those rights which the election brought him. Article 51 Ministers are entitled to a seat in the Althingi by virtue of their office and have the right to participate in its debates as often as they may desire, but they must observe the rules of procedure. They have the right to vote only if they are at the same time Members of the Althingi. Article 52 The Althingi elects a President, who presides over its proceedings. Article 53 The Althingi may not take a decision on a matter unless more than half of its Members are present at the meeting and take part in the voting. Article 54 Each Member of the Althingi may, subject to permission by the Althingi, request information from a Minister or an answer regarding a public matter, by tabling a question or requesting a report thereon. Article 55 The Althingi may not admit for consideration any matter unless introduced by one of its Members or a Minister. Article 56 Should the Althingi not find reason to take some other decision on a given matter it may refer it to a Minister. Article 57 Meetings of the Althingi shall be held in public. Nevertheless, the President of the Althingi, or the quorum of Members stipulated by the rules of procedure, may request that all those not Members of the Althingi be excluded, and the meeting then shall decide whether the matter be debated in a public or a closed session. Article 58 The rules of procedure of the Althingi shall be determined by law. Article 59 The organization of the judiciary can only be established by law. Article 60 Judges settle all disputes regarding the extent of the power of governmental authorities. No one seeking a ruling thereon can, however, temporarily evade obeying an order from the authorities by submitting the matter to judicial decision. Article 61 Judges shall in the performance of their official duties be guided solely by the law. Thosevjudges who do not also have administrative functions cannot be discharged from officevexcept by a judicial decision, nor may they be transferred to another office against theirvwill, except in the event of a reorganization of the judiciary. A judge who has reached thevage of 65 years may, however, be released from office, but Judges of the Supreme Courtvshall not forgo any of their salary. VI. Article 62 The Evangelical Lutheran Church shall be the National Church in Iceland and shall invsuch respect be supported and protected by the State. This may be altered by law. Article 63 All persons have the right to form religious organisations and to manifest their religion according to their individual convictions. Nothing may, however, be taught or practised which is contrary to good morals or public order. Article 64 No one shall stand to lose any of his civil and national rights on account of his religion, nor may anyone refrain from fulfilling a general civic duty by reason thereof. Everyone has the right not to belong to any religious organisation. No one shall be obliged to pay personal dues to a religious organisation of which he is not a member. A person who stands outside religious organisations shall pay to the University of Iceland the dues he would otherwise have been required to pay to his organisation. This may be altered by law. VII. Article 65 All shall be equal before the law and enjoy human rights irrespective of sex, religion, opinion, ethnic origin, race, colour, financial means, ancestry and other status. Men and women shall enjoy equal rights in every respect. Article 66 No one may be deprived of Icelandic citizenship. It may be provided by law, however, that a person will forfeit his citizenship if he willingly obtains citizenship in another state. Icelandic citizenship may be granted to an alien only pursuant to law. An Icelandic citizen may not be denied entry into the country nor be expelled therefrom. The right of aliens to enter and reside in this country as well as the grounds on which they may be expelled shall be determined by law. No one may be restrained from leaving the country except by judicial decision. The departure of a person from the country may, however, be prevented by lawful arrest. Everyone lawfully dwelling within the country shall be free to choose his residence and enjoy liberty of movement, subject to such restrictions as determined by law. Article 67 No one shall be deprived of his liberty except pursuant to an authorization provided by law. Anyone who is deprived of liberty has the right to be informed forthwith of the reasons therefor. Anyone who is arrested on suspicion of criminal conduct shall be brought before a judge without delay. If he is not released at once the judge shall, within 24 hours, pronounce a reasoned decision as to whether he shall be remanded in custody. Detention in custody may only be applied on account of a charge subject to punishment heavier than a fine or punitive custody. The right of a person detained to refer the decision on his remand to a higher court shall be secured by law. A person never shall be held in custody for longer than necessary, while if the judge finds it feasible to have him released on bail, the amount of bail shall be specified in the court decision. Anyone deprived of his liberty for other reasons shall be entitled to have the legality of such measure decided upon by a court of law as soon as possible. If the deprivation is found unlawful he shall be released forthwith. A person deprived of his liberty without just cause shall have a right to compensation. Article 68 No one may be subjected to torture or other inhuman or degrading treatment or punishment. No one shall be required to perform forced labour. Article 69 No one may be subjected to punishment unless he is guilty of conduct which was punishable by law at the time of its commission or is wholly analogous to such conduct. The sanctions imposed may not be more severe than those permitted by law when the conduct was committed. The law never may prescribe the death penalty. Article 70 Everyone is entitled to obtain a determination of his rights and obligations or of any charge against him for criminal conduct by a fair trial within a reasonable time before an independent and impartial court of law. A court hearing shall be held in public unless the judge otherwise decides pursuant to law in order to protect morals, public order, national security or the interests of the parties. Anyone charged with criminal conduct shall be presumed innocent until proven guilty. Article 71 Everyone shall enjoy the sanctity of his private life, home and family. A bodily examination or search of a person or a search of his premises or possessions may not be carried out except pursuant to a court order or special authority provided by law. The same applies to a search of documents and postal correspondence and a surveillance of telephone or other telecommunications, as well as any comparable interference with individual privacy. Despite the provisions of paragraph 1, it shall be possible under special authority provided by law to limit by other means the sanctity of private life, home and family where urgently necessary in view of the rights of others. Article 72 The right of ownership is inviolate. No one may be obliged to surrender his property unless required by the common good. An authorization by law is required for the purpose, and full value must be rendered. The right of foreign parties to own real property interests or shares in business enterprises in Iceland may be limited by law. Article 73 All persons shall enjoy freedom of opinion and conviction. Everyone shall be free to express his thoughts, but must be prepared to defend them in court. Censorship and other comparable restrictions on the freedom of expression may never be adopted into law. Restrictions on the freedom of expression may be imposed only by law in the interest of public order or national security, for the protection of health or morals or on account of the rights or reputation of others, and provided that they may be held necessary and consistent with democratic traditions. Article 74 People shall have the right to form associations for any lawful purpose, including political organisations and trade unions, without having to seek permission therefor. An association may not be dissolved by order of a governmental authority. The activities of an association considered to pursue unlawful objectives may be banned temporarily, however, in which case an action must be brought against it without undue delay in order to have it dissolved by court judgement. No one may be bound in duty to be a member of an association. Membership of an association may, however, be made obligatory by law if this is necessary in order to enable the association to discharge a function assigned by law in the public interest or on account of the rights of others. People shall have the right to assemble unarmed. The police may be present at public gatherings. Open-air meetings may be banned when there is reason to fear that they will lead to riot. Article 75 Everyone is free to pursue the occupational activity of his choice. Such freedom may, however, be restricted by law, provided that this is demanded by public interest. The right of people to negotiate the terms of their employment and other rights relating to work shall be provided for by law. Article 76 Everyone in need thereof shall be secured by law the right to assistance on account of illness, disability, old age, unemployment, destitution and similar circumstances. Everyone shall be secured by law a right to general education and tuition suitable to him. Children shall be secured by law the protection and care necessary to their well-being. Article 77 Matters of taxation shall be regulated by law. The decision whether a tax be imposed, altered or abolished may not be entrusted to governmental authorities. No tax may be imposed unless it was authorised by law at the time of occurrence of the events by which the taxability is to be governed. Article 78 Municipalities shall govern their affairs themselves as laid down by law. The sources of income of municipalities shall be determined by law, and so shall their right to determine whether and how the sources are utilized. Article 79 Proposals to amend or supplement this Constitution may be introduced at a regular as well as an extraordinary session of the Althingi. If the proposal is adopted, the Althingi shall forthwith be dissolved and general elections be held. If the Althingi then passes the resolution unchanged, it shall be confirmed by the President of the Republic and shall thereupon come into force as constitutional law. If the Althingi adopts an amendment to the status of the Church pursuant to Article 62, the matter shall be submitted by referendum to a vote of all those eligible to vote in the country, for approval or rejection by secret ballot. Article 80 ... (Deleted) Article 81 This Constitutional Law shall enter into force when the Althingi so resolves, provided that the majority of all people in the country having the right to vote have expressed their approval of the Law by secret ballot. [Cf. the Parliamentary Resolution on the entry into force of the Constitution of the Republic of Iceland No. 33 of 16 June 1944 and the Declaration of the President of the United Althingi on the entry into force of the Constitution No. 33 of 17 June 1944. Cf. also a Parliamentary Resolution on the termination of the Danish-Icelandic Union Law Agreement of 1918, No. 32 of 16 June 1944.] Temporary provisions When this Constitution has entered into force, the United Althing shall elect a President of Iceland for the first time pursuant to the rules applicable to the election of the President of the United Althingi, and his term of office shall extend until 31 July 1945. [1944] Those foreign nationals who, prior to the date of implementation of this Constitutional Law, have obtained the right to vote and have become eligible to be elected to the Althingi or have obtained the right to hold public office, shall retain the said rights. Danish nationals who under Article 75 of the Constitution of 18 May 1920 would have obtained such rights, had the law not been amended, from the date of entry into force of this Constitutional Law until six months after negotiations regarding the rights of Danish nationals in Iceland can be commenced, shall also acquire the said rights and retain them.[1944] Notwithstanding the provisions of paragraph 6 of Article 31, the approval by a majority of votes cast in the Althingi shall suffice to amend the Act on Elections to the Althingi so as to accord with this Constitutional Law following its entry into force. Upon the completion of such amendment, this provision shall be of no further effect. [1999]