Representative democracy and referenda

Denmark is a representative democracy. This means that everyday political decisions are made by representatives elected by the citizens; not by the citizens themselves. This applies to local authorities and counties as well as at national level when citizens, at general elections, compose the Folketing, which shall consist of 179 Members.

But there is no rule without exceptions. For even though Denmark is a representative democracy, the Constitutional Act lays down that there are situations in which all citizens of the country may or shall be directly involved in a decision, and where the voters have the last word. What is more, politicians can, at national level as well as in the counties and local authorities, decide to hold consultative referenda. But in such cases, only the voters are consulted.


The Basis of Referenda

The present Constitutional Act of Denmark took effect on June 5th 1953. In accordance with this Act, there are five factors which shall or may cause a binding referendum to be held:

Moreover, the Folketing may decide to hold a consultative referendum as mentioned. Both kinds of referenda are mentioned below.


Bills (Section 42 in the Constitutional Act)

When the Folketing has passed a Bill, one third of the Members of the Folketing (i.e. 60) may request that the Bill shall not take effect until it has been submitted to a referendum. For a Bill to become void, the Constitutional Act lays down that a majority of the voters go against it, and this majority shall make out at least 30 per cent of all persons entitled to vote.

The possibility of subjecting Bills to a referendum has only been made use of once i.e. in connection with the "land laws" in 1963. The Liberals and the Conservatives who had more than a third of the seats in the Folketing requested that four of the Bills be subjected to a referendum. As appears from the survey, it meant that the Bills became void.

In Subsection 6 of Section 42 in the Constitutional Act, a number of exceptions have, however, been enumerated. Thus there are several laws which cannot be subjected to a referendum. This applies e.g. to finance Bills, taxation Bills, naturalization Bills and expropriation Bills.


Ceding of sovereignty (Section 20 in the Constitutional Act)

Competences which in accordance with the Constitutional Act belong under the Danish authorities can by law be transferred to "international authorities" as stated in the Constitutional Act. The provision has mainly been used in connection with the EU.

However, the Constitutional Act makes heavy demands on a Bill which deals with the ceding of sovereignty. Either five sixths of the Members of the Folketing shall vote for it, or – if a majority – but less than five sixths of the Members – votes for it, the Act presupposes that the Bill shall not be rejected at a referendum. However, in the last instance, the Bill only becomes void if a majority of voters goes against it, and if this majority makes out at least 30 per cent of all persons entitled to vote.

The referendum on the European Union which was held on June 2nd 1992 was held in accordance with Section 20 in the Constitutional Act. The Bill which formally approved Denmark’s accession to the Union (ratification) was only passed by 130 votes in the Chamber. The number of votes required to carry the Bill was 150. The Bill was therefore subjected to a referendum and was rejected, cf. the survey.


Certain international treaties (Subsection 6 of Section 42 in the Constitutional Act)

Subsection 6 of Section 42 in the Constitutional Act lays down that Bills ratifying international treaties can be subjected to a referendum if the Folketing decides to try the ratification at a referendum by introducing a separate Bill.

This provision led to the referendum on May 18th 1993 on the Edinburgh Agreement. For there was general agreement that a referendum should, at all events, be held on the Edinburgh Agreement. And with prospects of more than 150 of the Members of the Folketing voting for the Agreement, the possibility of holding a referendum would be excluded in accordance with Section 20 in the Constitutional Act. The Edinburgh Agreement being an international treaty, it was therefore decided to ensure a referendum by recurring to the provision which is to be found in Subsection 6 of Section 42 in the Constitutional Act.


Amendments to the Constitutional Act (Section 88 in the Constitutional Act)

It is not easy to amend the Constitutional Act of Denmark. Firstly, the Folketing shall pass the amendment suggested. Secondly, writs for an election shall be issued and then the Bill shall be passed by the new Folketing. Subsequently, the amendment shall be subjected to a referendum. And it is only passed if it obtains a majority making out 40 per cent of the persons entitled to vote.


Altering of the voting age (Section 29 in the Constitutional Act)

If the voting age shall be altered, the Folketing shall pass a Bill to this effect. Subsequently, the matter will be subjected to a referendum. If a majority making out 30 per cent of the persons entitled to vote goes against the Bill, it is rejected.


Consultative referenda

As consultative referenda are not mentioned in the Constitutional Act, the Folketing can, at all times, decide to hold consultative referenda. As is apparent from the name "consultative", the Folketing is not under any obligation as to the outcome of such a referendum. If the decision is to be binding, the provisions of the Constitutional Act shall be observed.

A consultative referendum has only been held once, i.e. in 1986 when a vote was taken on the EC package.



Date and year of the refendum
Subject of the referendum
Statutory autority of the referendum
Number of valid votes 		Percentage of total number of persons entitled to vote

Outcome
Yes No Yes No
May 28th 1953 Constitutional amendment: Bill on the Constitutional Act of Denmark of May 1953 (age of youngest voters 25) The Constitutional Act of June 5th 1915 with amendments of September 10th 1920, Section 94 1,183,292 319,135 45.8 12.3 Constitutional amendment passed
May 28th 1953 Lowering of the voting age from 25 to 23 or 21 (age of youngest voteres 21) Act no. 50 of March 25th 1953 on referendum to be held in 1953 on amendment to the Constitutional Act of Denmark 840,815

for 23

700,122

for 21

30.0

for 23

25.0

for 21

Electoral age lowered to 23
May 30th 1961 Bill on altering of the voting age to the Folketing from 23 to 21 Constitutional Act of 1953, Section 29, cf. Section 42 586,113 479,146 20.3 16.6 Electoral age lowered to 21
June 25th 1963 1. Bill on acquisition of agricultural holdings nature Constitutional Act of 1953, Section 42 843,756 1,354,588 27.7 44.5 "Land laws" became void
2. Bill on State smallholders 848,494 1,347,942 27.9 44.3
3. Bill on the pre-emptibon of the local authorities 872,042 1,328,036 28.7 43.6
4. Bill on the conservation of nature 937,259 1,261,545 30.8 41.5
June 24th 1969 Bill on the altering of the voting age to the Folketing from 21 to 18 Constitutional Act of 1953, Section 29, cf. Seciton 42 448,724 1,646,688 13.6 49.8 Electoral age of 21 retained
September 21st 1971 Bill on the altering of the voting age to the Folketing from 21 to 20 Constitutional Act of 1953, Section 29, cf. Section 42 1,601,840 1,231,804 47.4 36.5 Electoral age lowered to 20
October 2nd 1972 Denmark's Accession to the European Economic Communities Constitutional Act of 1953, Subsection 2 of Section 20 1,958,043 1,135,755 56.7 32.9 Denmark accedes to the European Economic Communities on January 1st 1973
September 19th 1978 Bill on the altering of the voting age to the Folketing from 20 to 18 Constitutional Act of 1953, Section 29, cf. Section 42 1,224,448 1,049,832 34.2 29.0 Electoral age lowered to 18
February 27th 1986 Denmark's accession to the EC package (European Single Act) (consultative referendum) Act no. 24 of February 5th 1986 1,629,786 1,268,483 42.0 32.7 Denmark's accession to the EC package passed by the Folketing
June 2nd 1992 Denmark's accession to the Maastricht Treaty Constitutional Act of 1953, Subsection 2 of Section 20 1,606,442 1,653,289 40.5 41.7 Denmark did not accede to the Treaty
May 18th 1993 Denmark's accession to the Maastricht Treaty supplemented by the Edinburgh Agreement Constitutional Act of 1953, Subsection 6 of Section 42, cf. Section 19 1,930,391 1,471,914 48.6 37.0 Denmark acceded to the Treaty supplemented by the Edinburgh Agreement
May 28th 1998 Denmark's accession to the Amsterdam Treaty Constitutional Act of 1953, Subsection 2 of Section 20 1,648,534 1,341,055 41,3
(55,1% of the valid votes) 		33,6
(44,9% of the valid votes) 		Denmark acceded to the Amsterdam Treaty
September 28th, 2000 Denmark and the single currency Constitutional Act of 1953, Subsection 2 of Section 20, cf. Section 42 1,620.353 1,842.814 40,5 46,1 Denmark did not adopt the single currency