Danish Realm

Constitutionality

The Danish Realm's unique state of internal affairs is acted out in the principle of "The Unity of the Realm". This principle is derived from Article 1 of the Danish Constitution, which specifies that constitutional law applies equally to all areas of the Danish Realm. The Constitutional Act specifies that sovereignty is to continue to be exclusively with the authorities of the Realm (the Danish government and parliament). Faroese or Greenlandic self-governance cannot be established by international treaties but must be established by Danish law; the Danish parliament (the Folketing) delegates a precisely defined part of its competence to the home rule authorities.

The language of Denmark is Danish, and the Danish state authorities are based in Denmark. The Kingdom of Denmark's parliament, with its 179 members, is located in the capital, Copenhagen. Two of the parliament's members are elected in each of Greenland and the Faroe Islands; the remaining 175 members are elected in Denmark. The Government ministries are located in Copenhagen, as is the highest court, the Supreme Court.

Devolved powers

In principle, the Danish Realm constitutes a unified sovereign state, with equal status between its constituent parts. Devolution differs from federalism in that the devolved powers of the subnational authority ultimately reside in central government, thus the state remains de jure unitary.

The Self-Government Arrangements devolves political competence and responsibility from the Danish political authorities to the Faroese and the Greenlandic political authorities. The Faroese and Greenlandic authorities administer the tasks taken over from the state, enact legislation in these specific fields and have the economic responsibility for solving these tasks. The Danish government provides an annual grant to the Faroese and the Greenlandic authorities to cover the costs of these devolved areas.

The 1948 "Home Rule Act of the Faroe Islands" sets out the terms of Faroese home rule. The Act states, "...the Faroe Islands shall constitute a self-governing community within the State of Denmark." It establishes the home government of the Faroe Islands (Landsstýrið) and the Faroese parliament, the Løgting. More significantly, the Act specifies the powers devolved from the Government of Denmark, including: local government and municipal affairs; taxation, at a local and territorial level; public services, including police and town planning; welfare services, such as housing; primary and secondary education; Archives, libraries, museums; agriculture and fishing; entertainment; among other areas. The Faroe Islands were previously administered as a Danish county (amt); the Home Rule Act abolished the post of Amtmand (County Governor) and replaced it with the role of Rigsombudsmand (High Commissioner to the Danish government). These powers were expanded in a 2005 Act, which named the Faroese home government as an "equal partner" with the Danish government.

The 1978 "Greenland Home Rule Act" devolves powers in much the same way as the Faroese Home Rule Act. It sets out a home rule government and Greenlandic parliament. Specific areas of governance specified in the act include: Organization of local government; Fishing and agriculture; Welfare system; protection of the environment; other areas affecting Greenlanders directly, etc.

On 21 June 2009, Greenland assumed self-determination with responsibility for self-government of judicial affairs, policing, natural resources, immigration and border controls. Also, Greenlanders were recognized as a separate people under international law. Greenland is now described as having "self rule", with its home government exercising a wider range of powers.

There are a number of matters that can not be acquired by the territories; Constitutional affairs, foreign policy, defence, the Supreme Court, citizenship, and monetary policy. Additionally, the Faroese and Greenlandic parliaments are subordinate to the Parliament of the Kingdom of Denmark, where the two territories are represented by two seats each (from a total of 179 seats).

Legal status

The Faroe Islands and Greenland have two seats each (out of 179) in the Danish parliament, Folketinget The arrangement between the areas of the Realm is sometimes described as constituent countries. Greenland's powers of self-government were increased in 2009 through the Greenland Self-Rule Act, which established the Greenlanders as a separate national people under international law, while the Faroe Islands have gradually taken control of more and more areas according to their Home Rule Act from 1948. The Faroese/Danish act of 2005 states "This law is based on an agreement between the Governments of the Faroe Islands and Denmark as equal partners." Despite this principle of unity among the three territories, some commentators consider the Danish Realm as a federation or a sui generis legal construction. In the opinion of Bogi Eliasen, the Kingdom of Denmark is not a unitary state "but a structure with some federative elements of divided power". Danish justice Frederik Harhoff states that the Kingdom of Denmark is "neither a federation (since it lacks a treaty to this effect), nor is it a confederation"But the home rules are limited to internal matters only. Greenland or the Faroe Islands cannot write laws which concern the relationship with other states, nor laws that applies to the entire Realm, and the Supreme Court (Danish: Højesteret) in Copenhagen is the final legal instance (and legal matters from Greenland and the Faroe Islands must be prepared for that court, like any Danish matter) Danish currency is also legal tender and Denmark is responsible for the military defense Further, for rare treatments and certain surgery, are Greenlanders and Faraoses often directed to Copenhagen's National Hospital (Rigshospitalet).

International community

Previously, most foreign relations were undertaken by the Government of Denmark exclusively on behalf of the entire realm, but more recently the Faroe Islands and Greenland have increased their role in the foreign policy. Representatives for both have joined Danish delegations in discussions on some international matters, such as fishing rights. Greenlandic representatives were included in the process of a new treaty between Denmark and the US regarding the Thule Air Base in northwest Greenland.

The Kingdom of Denmark as a whole is a member of the United Nations, NATO, the OECD and the World Trade Organization. The Faroe Islands and Greenland are associated members of the Nordic Council in their own right as part of the wider membership of the Kingdom. Although the Kingdom of Denmark is a member of the European Union, both areas have special dispensation and remain outside the EU. Greenland joined the EU as part of Denmark in 1973, but opted to leave in 1985 after Greenlandic home rule was introduced in 1979. This is no more strange than Canary Islands are two Spanish regions, but a free-trade area outside EU.

The "Home Rule Act of the Faroe Islands" specifies that a 'Faroese' shall be understood to mean a person who is a "national of Denmark and a resident of the Faroe Islands". The Government of Denmark issues special passports for its citizens living in the Faroe Islands and Greenland with the right to choose a regular Danish passport as well. The Faroese Home Rule Act states that, in Faroese passports, Føroyingur (Faroese) and Føroyar (Faroe Islands) shall be inserted after the words Dansk (Danish) and Danmark (Denmark).

Population and area

The size of the Danish population is far greater than the population size of the Faroe Islands and Greenland. Denmark proper has a population of about 5.6 million people, while the populations of the Faroe Islands and Greenland are 48,000 and 56,000 people, respectively. A medium-sized Danish provincial town has, for comparison, a population of about 50,000. With an area of over two million km² (836,109 square miles), Greenland is the most sparsely populated territory in the world.

The disparity between the small population of the former colonies and the greater population of Denmark proper has helped to enforce the hegemonial position that Denmark proper holds in the Realm. When the areas of the three territories are combined, the Kingdom of Denmark ranks as the twelfth largest country in the world, the same rank held by Greenland alone.

Terminology

Hjemmestyre

Meaning "home rule", it indicates an autonomous administration (present in both in Greenland and the Faroe Islands) that has power over all internal affairs. In this arrangement, the Danish government deals only with external matters such as defence and foreign affairs. Greenland and the Faroe Islands maintain their own elected assemblies and administrations, headed by a premier who appoints a cabinet. This is synonymous with "self-governing."

Selvstyre

Following a referendum on 25 November 2008 (the 30th anniversary of the establishment of home rule in Greenland), the relationship between the Danish and Greenlandic governments changed, with Greenland gaining greater autonomy. Further powers were granted to the Greenlandic government on 21 June 2009, including control of the police force, coastguard, and courts. Additionally, Greenland now receives fewer Danish subsidies, becoming more self-sufficient. As a result of these changes Greenland was now said to have self rule with minimal support from Denmark, as opposed to "home rule".

Rigsombudsmand

High Commissioners represent the interests of Denmark in the Faroe Islands and Greenland. There is one Danish High Commissioner in each country. He or she can attend the meetings at the Løgting in the Faroes and at the Inatsisartut in Greenland, but they can't vote.

Folketingsmedlemmer fra Færøerne og Grønland

Members of Folketing from the Faroe Islands and Greenland: Greenland and the Faroe Islands and their self-rule administrations take part in consultations on policies and decisions affecting their region, including negotiations with the devolved legislatures and the Danish parliament (Folketing). They have two members each, and these are full members of the Danish Folketing and are allowed to vote.

Countries

Mirroring the terminology of the United Kingdom or the Kingdom of the Netherlands, Greenland, Denmark and the Faroes are sometimes referred to as countries within the sovereign state of the Kingdom of Denmark. However, such usage is inconsistent; whilst Denmark proper may be referred to as a country, Greenland and the Faroe Islands are officially referred to as "self-governing territories". Additionally, the recent law granting Greenland "self rule" in 2008 refers to Greenland as "a people", but not a country.

Literature

Adriansen, Inge (2003): Nationale symboler i Det Danske Rige 1830-2000, Vol I (Fra fyrstestat til nationalstater), Museum Tusculanum Press, University of Copenhagen. (Danish)

Adriansen, Inge (2003): Nationale symboler i Det Danske Rige 1830-2000, Vol II (Fra undersåtter til nation), Museum Tusculanum Press, University of Copenhagen. (Danish)