Danish Act of Succession referendum
Encyclopedia
A referendum on changing the Danish Act of Succession
, the rules governing the succession to the Danish throne
, was held in Denmark
, the Faroe Islands
, and Greenland
on 7 June 2009, simultaneously with the election to the European Parliament
, in mainland Denmark
.
The law, which passed with 85.4% of the popular vote, eliminates male-preference primogeniture in favour of absolute primogeniture, resulting in sons losing precedence over daughters in the line of succession. At its adoption the law did not affect anyone then in the line of succession: the Queen
's two children are both male, and the Crown Prince's
first-born, Prince Christian of Denmark
, born 2005, is also male.
Following the twin birth of 2011, the law change preserves the order of the crown prince's other two children in the succession, as it eliminates male-preference primogeniture in favour of equal primogeniture, leaving Princess Isabella
as third in the line of succession, ahead of Prince Vincent
.
, guaranteeing a king before a queen, going against the modern thinking of equal rights
.
, then a member of the Social Liberal Party). The law was passed again by the new Folketing
elected in 2007
on 24 February 2009 with two abstentions (of the left-wing Enhedslisten). It was then submitted to a referendum.
Jens Peter Christensen, who is now a member of the Danish Supreme Court has described this as "a mess" and as an "overly clever" way for then-Prime Minister
Anders Fogh Rasmussen
to signal that the government will oppose any other changes to the constitution. At the same time Christensen emphasizes that he has no doubt, that the procedure is legal.
and a number of other basic rights in the constitution. The Conservative-Liberal cabinet of Anders Fogh Rasmussen
, however, opposed such changes. The national Danish People's Party
are staunch opponents of constitutional change, as they fear socialist stipulations and human rights
, e.g. about refugees, will be codified in such a reform. Eventually, all parties in parliament except Enhedslisten supported the change because they would not vote against equal rights
. Enhedslisten abstained because they are pro-republic and because the new law still bars royal children born out of wedlock
from the throne, and because successors to the throne must have their marriages approved by the monarch and the government. Enhedslisten polemically called this "arranged marriage
s".
Despite favourable opinion polling, including a May 2005 poll that showed a majority of 77% in favour of the change, low turnout, such as the 47.6% turnout at the preceding European Parliament elections in 2004, could have doomed the referendum by preventing it from passing the 40% threshold. However, turnout increased and at midnight on the election night with most votes counted, the threshold had been passed, and the law was certain to pass.
comedy show, Harry Enfield's Television Programme
. The PR agency responsible for the video, Kunde & Co., declined to comment on whether the copyright
issue was sorted out.
The Conservative Youth of Denmark campaigned for a "no" vote, arguing there is no sense in talking about equal rights in a monarchy, and fearing the change would endanger the traditions of the royal house.
Some opposition to the law arose at the end of May. Parts of the Social Liberal Youth
, Enhedslisten and republican circles advocated a blank vote, effectively having the same effect as a "no" vote. Others argued for a blank vote because it would improve possibilities for a future in-depth constitutional reform. Some people argued for drawing an extra "Republic" box on the ballot or writing the words "Republic Now!" on it, which would render a spoilt vote.
According to historian Steffen Heiberg in a Ritzau
story on 1 June 2009, Queen Margrethe II
herself is "rather opposed" to the change. The royal house abstains from commenting on political issues, but according to then Prime Minister Anders Fogh Rasmussen, he had "discussed the matter" with members of the royal house before submitting the proposal in Parliament in 2005.
The number of blank and invalid votes was much higher in big cities, especially Copenhagen. If based on the local results from Copenhagen alone, the change would not have passed.
Prime Minister
Lars Løkke Rasmussen
stated that the referendum "was important for gender equality" and "a strong signal that shows that we want to be a society where men and women have the same opportunities, whether it is for ordinary people or princes and princesses".
Danish Act of Succession
The Danish Act of Succession of March 27, 1953 was accepted after a 1953 referendum in Denmark and dictates the rules governing the Line of succession to the Danish Throne. The 1953 referendum changed the act so that it became possible for a woman to inherit the throne in the event that she has no...
, the rules governing the succession to the Danish throne
Line of succession to the Danish Throne
Denmark used a system of male-preference primogeniture until 2009. The male preference cognatic primogeniture was changed in favour of an absolute primogeniture...
, was held in Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, the Faroe Islands
Faroe Islands
The Faroe Islands are an island group situated between the Norwegian Sea and the North Atlantic Ocean, approximately halfway between Scotland and Iceland. The Faroe Islands are a self-governing territory within the Kingdom of Denmark, along with Denmark proper and Greenland...
, and Greenland
Greenland
Greenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for...
on 7 June 2009, simultaneously with the election to the European Parliament
European Parliament election, 2009 (Denmark)
The European Parliament election of 2009 in Denmark was the election of the delegation from Denmark to the European Parliament on June 7, 2009. The number of Danish MEPs elected was 13...
, in mainland Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
.
The law, which passed with 85.4% of the popular vote, eliminates male-preference primogeniture in favour of absolute primogeniture, resulting in sons losing precedence over daughters in the line of succession. At its adoption the law did not affect anyone then in the line of succession: the Queen
Margrethe II of Denmark
Margrethe II is the Queen regnant of the Kingdom of Denmark. In 1972 she became the first female monarch of Denmark since Margaret I, ruler of the Scandinavian countries in 1375-1412 during the Kalmar Union.-Early life:...
's two children are both male, and the Crown Prince's
Frederik, Crown Prince of Denmark
Frederik, Crown Prince of Denmark, Count of Monpezat, is the heir apparent to the throne of Denmark. Frederik is the elder son of Queen Margrethe II and Henrik, the Prince Consort.-Name and christening:...
first-born, Prince Christian of Denmark
Prince Christian of Denmark
Prince Christian Valdemar Henri John of Denmark, Count of Monpezat , is a member of the Danish Royal Family. He is the elder son of Crown Prince Frederik and his wife, the Australian born Crown Princess Mary. He is a grandson of Queen Margrethe II of Denmark and her husband Prince Henrik...
, born 2005, is also male.
Following the twin birth of 2011, the law change preserves the order of the crown prince's other two children in the succession, as it eliminates male-preference primogeniture in favour of equal primogeniture, leaving Princess Isabella
Princess Isabella of Denmark
Princess Isabella Henrietta Ingrid Margrethe of Denmark, Countess of Monpezat , is a member of the Danish Royal Family. She is the daughter of Crown Prince Frederik and his wife, the Australian-born Crown Princess Mary....
as third in the line of succession, ahead of Prince Vincent
Prince Vincent of Denmark
Prince Vincent Frederik Minik Alexander of Denmark, Count of Monpezat , is a member of the Danish Royal Family. He is the third child and youngest son of Crown Prince Frederik and his wife, the Australian-born Crown Princess Mary. He is also the sixth grandchild and youngest grandson of Queen...
.
Background
In 2005, the Crown Princess announced that she was pregnant with her first child. This prompted a debate, as under the then male-preference primogeniture, if the child should turn out to be female, then a hypothetical second male child would pass the first-born in the line of successionLine of succession to the Danish Throne
Denmark used a system of male-preference primogeniture until 2009. The male preference cognatic primogeniture was changed in favour of an absolute primogeniture...
, guaranteeing a king before a queen, going against the modern thinking of equal rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
.
In parliament
Under the rules for change of constitution, the law must be passed by two Parliaments, before and after an election, and then approved by a referendum. The law was passed in 2006 with only one abstention (Simon Emil AmmitzbøllSimon Emil Ammitzbøll
Simon Emil Ammitzbøll is a Danish politician, and member of the Parliament of Denmark.-Political history:On 10 October 2008 he and a number of followers founded the party Borgerligt Centrum ....
, then a member of the Social Liberal Party). The law was passed again by the new Folketing
Folketing
The Folketing , is the national parliament of Denmark. The name literally means "People's thing"—that is, the people's governing assembly. It is located in Christiansborg Palace, on the islet of Slotsholmen in central Copenhagen....
elected in 2007
Danish parliamentary election, 2007
The 66th Folketing election in Denmark was held on 13 November 2007. The election allowed prime minister Anders Fogh Rasmussen to continue for a third term in a coalition government consisting of the Liberals and the Conservative People's Party with parliamentary support from the Danish People's...
on 24 February 2009 with two abstentions (of the left-wing Enhedslisten). It was then submitted to a referendum.
Relation to constitution
No changes would be made to the constitution and §2 would continue to refer to the Act of Succession of 1953 even though that reference would become invalid. Professor of administrative law at the University of AarhusUniversity of Aarhus
Aarhus University , located in the city of Aarhus, Denmark, is Denmark's second oldest and second largest university...
Jens Peter Christensen, who is now a member of the Danish Supreme Court has described this as "a mess" and as an "overly clever" way for then-Prime Minister
Prime Minister of Denmark
The Prime Minister of Denmark is the head of government in Danish politics. The Prime Minister is traditionally the leader of a political coalition in the Folketing and presides over the cabinet....
Anders Fogh Rasmussen
Anders Fogh Rasmussen
Anders Fogh Rasmussen is a Danish politician, and the 12th and current Secretary General of NATO. Rasmussen served as Prime Minister of Denmark from 27 November 2001 to 5 April 2009....
to signal that the government will oppose any other changes to the constitution. At the same time Christensen emphasizes that he has no doubt, that the procedure is legal.
Skepticism from opposition
There was skepticism from the opposition to the proposal, as they preferred a major constitutional reform, modernising the language and content of the 1953 constitution, in which certain rules prevail from 1849. A frequent demand from the left wing is to integrate the Universal Declaration of Human RightsUniversal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
and a number of other basic rights in the constitution. The Conservative-Liberal cabinet of Anders Fogh Rasmussen
Anders Fogh Rasmussen
Anders Fogh Rasmussen is a Danish politician, and the 12th and current Secretary General of NATO. Rasmussen served as Prime Minister of Denmark from 27 November 2001 to 5 April 2009....
, however, opposed such changes. The national Danish People's Party
Danish People's Party
The Danish People's Party is a political party in Denmark which is frequently described as right-wing populist by political scientists and commentators. The party is led by Pia Kjærsgaard...
are staunch opponents of constitutional change, as they fear socialist stipulations and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, e.g. about refugees, will be codified in such a reform. Eventually, all parties in parliament except Enhedslisten supported the change because they would not vote against equal rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
. Enhedslisten abstained because they are pro-republic and because the new law still bars royal children born out of wedlock
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
from the throne, and because successors to the throne must have their marriages approved by the monarch and the government. Enhedslisten polemically called this "arranged marriage
Arranged marriage
An arranged marriage is a practice in which someone other than the couple getting married makes the selection of the persons to be wed, meanwhile curtailing or avoiding the process of courtship. Such marriages had deep roots in royal and aristocratic families around the world...
s".
Procedure
Changes to the act of succession in Denmark follow the same rules as changes to the constitution. First, it must be passed by parliament, then passed in unchanged form by the next parliament following parliamentary elections, and then be submitted to a public referendum. In order for the law to be approved in the referendum, it must get both a majority of votes cast in favour and at least 40% of all eligible voters voting in favour.Despite favourable opinion polling, including a May 2005 poll that showed a majority of 77% in favour of the change, low turnout, such as the 47.6% turnout at the preceding European Parliament elections in 2004, could have doomed the referendum by preventing it from passing the 40% threshold. However, turnout increased and at midnight on the election night with most votes counted, the threshold had been passed, and the law was certain to pass.
Campaign and positions
In late May, the government launched an official campaign, costing 5 million kroner. It was instantly criticised for being one-sided, undemocratic and patronising. The Prime Minister's Department admitted the official campaign video is an imitation of a sketch from the BritishUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
comedy show, Harry Enfield's Television Programme
Harry Enfield's Television Programme
Harry Enfield's Television Programme was a British sketch show starring Harry Enfield and Paul Whitehouse...
. The PR agency responsible for the video, Kunde & Co., declined to comment on whether the copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
issue was sorted out.
The Conservative Youth of Denmark campaigned for a "no" vote, arguing there is no sense in talking about equal rights in a monarchy, and fearing the change would endanger the traditions of the royal house.
Some opposition to the law arose at the end of May. Parts of the Social Liberal Youth
Radikal Ungdom
Radikal Ungdom af 1994 , is the official youth organization of the Danish political party Det Radikale Venstre. The organization was founded on 30 April 1994 after the former youth organization Radikal Ungdom was dissolved because of a case of fraud with funding from the Danish Youth Council...
, Enhedslisten and republican circles advocated a blank vote, effectively having the same effect as a "no" vote. Others argued for a blank vote because it would improve possibilities for a future in-depth constitutional reform. Some people argued for drawing an extra "Republic" box on the ballot or writing the words "Republic Now!" on it, which would render a spoilt vote.
According to historian Steffen Heiberg in a Ritzau
Ritzau
Ritzaus Bureau I/S, or Ritzau for short, is a Danish news agency founded in 1866 by Erik Nicolai Ritzau. It is the largest independent Danish news agency, and also collaborates with three other Scandinavian news agencies to provide Nordic News, an English-language Scandinavian news service...
story on 1 June 2009, Queen Margrethe II
Margrethe II of Denmark
Margrethe II is the Queen regnant of the Kingdom of Denmark. In 1972 she became the first female monarch of Denmark since Margaret I, ruler of the Scandinavian countries in 1375-1412 during the Kalmar Union.-Early life:...
herself is "rather opposed" to the change. The royal house abstains from commenting on political issues, but according to then Prime Minister Anders Fogh Rasmussen, he had "discussed the matter" with members of the royal house before submitting the proposal in Parliament in 2005.
Results
As the electorate was 4,042,185, and the minimum threshold of passing was 40 percent of the electorate, at least 1,616,874 people must have voted in favor of the change, while maintaining a majority in votes cast. 85.4% voted for the change, whilst 14.6% voted against change. The referendum had nearly 59% turnout.The number of blank and invalid votes was much higher in big cities, especially Copenhagen. If based on the local results from Copenhagen alone, the change would not have passed.
Prime Minister
Prime Minister of Denmark
The Prime Minister of Denmark is the head of government in Danish politics. The Prime Minister is traditionally the leader of a political coalition in the Folketing and presides over the cabinet....
Lars Løkke Rasmussen
Lars Løkke Rasmussen
Lars Løkke Rasmussen is a Danish politician who served as Prime Minister of Denmark from April 2009 to October 2011. He is the leader of the centre-right liberal party, Venstre....
stated that the referendum "was important for gender equality" and "a strong signal that shows that we want to be a society where men and women have the same opportunities, whether it is for ordinary people or princes and princesses".
| Votes | %Votes cast | %Electorate | |||
|---|---|---|---|---|---|
| Threshold | 1,616,874 | 74.27 | 40.00 | ||
| Yes | 1,858,180 | 85.35 | 45.97 | ||
| No | 318,929 | 14.65 | 7.89 | ||
| Valid votes | 2,177,109 | 100.00 | 53.86 | ||
| Spoilt votes | 222,804 | 5.51 | |||
| Turnout | 2,399,913 | 59.37 | |||
| Abstentions | 1,642,272 | 40.63 | |||
| Electorate | 4,042,185 | 100.00 |