Primogeniture - Variations - Absolute Cognatic Primogeniture

Absolute Cognatic Primogeniture

Absolute, equal or lineal primogeniture, known in French as aînesse intégrale (integral primogeniture), is inheritance by the oldest surviving child without regard to gender. It is also known as (full) cognatic primogeniture today. This form of primogeniture was not practiced by any modern monarchy before 1980.

However, according to Poumarede (1972), the Basques of the Kingdom of Navarre transmitted title and property to the first-born, whatever the gender. This inheritance practice was followed by the high nobility and free families alike in the early and high middle ages. The Navarrese monarchy had been inherited by dynasties from outside of Navarre, which followed different succession laws (usually male preference primogeniture. Aînesse intégrale practices weakened among the high nobility of Navarre once Navarre became more exposed to and pressured by outside influences, and largely disappeared from use by the high nobility once the Kingdom of Navarre was merged with the French crown when it followed Salic Law. Eventually only the Basque gentry and free families of the Basque Country and other regions continued to follow this practice, which persisted as late as the 19th century.

In 1980 Sweden revised its constitution to adopt royal succession by absolute primogeniture, displacing King Carl XVI Gustaf's infant son, Carl Philip, in favor of his elder daughter, Victoria, in the process. Several other monarchies have since followed suit: the Netherlands in 1983, Norway in 1990, Belgium in 1991, Denmark (see below) in 2009, and Luxembourg in 2011.

Recently other countries have changed or have considered changing to absolute primogeniture:

• In July 2006, the Nepalese government proposed adopting equal primogeniture, but the monarchy was abolished 28 May 2008.
• In Japan, debates have occurred over whether to adopt absolute primogeniture, as Princess Aiko is the only child of Crown Prince Naruhito. But, the birth of Prince Hisahito, a son of Prince Akishino (younger brother of Crown Prince Naruhito, and next in line to the Chrysanthemum Throne after Naruhito) has side-lined the debate.
• In the United Kingdom, the Succession to the Crown Bill of 2004 proposed changing the line of succession to the British throne to absolute primogeniture. The same proposal is part of the Equality Bill announced in 2008. Shortly after the announcement, the Attorney General said there were "no immediate plans to legislate" on that part of the bill; One of the reasons to delay was the difficulty in gaining approval for the change in the 15 other Commonwealth realms. In 2011 the governments of the Commonwealth realms announced plans to legislate changes to gender-equal primogeniture.
• In 2006 and 2009, the Danish parliament voted almost unanimously, with two abstentions, in favour of a new royal succession law that would allow a first-born child to ascend the throne. This was approved by a referendum held on 7 June 2009.
• In 2006, King Juan Carlos I of Spain issued a decree reforming the succession to noble titles from male preference primogeniture to absolute cognatic primogeniture, where the first born inherits title regardless of gender.

"'The order of succession for all noble dignitaries is determined in accordance with the title of concession and, if there is none, with that traditionally applied in these cases. When the order of succession to the title is not specified in the nobility title creation charter, the following rules apply.":

• "Absolute preference is given to the direct descending line over the collateral and ascending line, and, within the same line, the closest degree takes precedence over the more remote and, within the same degree, the elder over the younger, combined with the principles of first-born and representation."
• "Men and women have an equal right of succession in Grandee of Spain and nobility titles, and no person may be given preference in the normal order of succession for reasons of gender".

A variation of this system allows women to succeed, as long as their offspring does not, in order to keep the throne in the family. Such were the cases of the few Empresses of Japan. In Norway, a nuance on this system excludes every member of the family who is not a descendant of the last monarch.

The motivation behind this system is recent and based on some views of equality between men and women. An ancient and alternative way in which women managed to rise to power, especially without displacing the direct male line descendants of the first monarchs, is the historical Consortium or Coregency between husband and wife or other relatives. The most notable of these are the Egyptian cases of Hatshepsut and Thutmose III, as well as the Ptolemaic Dynasty's Kings and Queens.