Constitutional amendment
A constitutional amendment is a modification of the
Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. Examples of such special procedures include
Australia and Ireland provide examples of constitutions requiring that all amendments are first passed by the legislature before being submitted to the people; in the case of Ireland, a simple majority of those voting at the electorate is all that is required, whereas a more complex set of criteria must be met in Australia (a majority of voters in a majority of states is also necessary). Switzerland has procedure similar to that of Australia.
The special procedures for the amendment of some constitutions have proven to be so exacting, that of proposed amendments either few (eight Amendments out of 44 proposed in Australia), or none (as in Japan) have been passed over a period of several decades. In contrast, the former constitution of the U.S. state of Alabama was amended 977 times between its adoption in 1901 and its replacement by the current constitution in 2022.
Form of changes to the text
There are a number of formal differences, from one jurisdiction to another, in the manner in which constitutional amendments are both originally drafted and written down once they become law. In some jurisdictions, such as Ireland,
The manner in which constitutional amendments are finally recorded takes two main forms. In most jurisdictions, amendments to a constitution take the form of revisions to the previous text.[
An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article.
Under the 1919 German Weimar Constitution, the prevailing legal theory was that any law reaching the necessary supermajorities in both chambers of parliament was free to deviate from the terms of the constitution, without itself becoming part of the constitution. This very wide conception of "amendment" eased the rise of Adolf Hitler to power; it was consequently explicitly ruled out in the postwar 1949 constitution, which allows amendments only by explicitly changing the constitution's text.
Summary of methods
Constitution | Proposed by | Approval by | Referendum requirement | Majority needed | Entrenched clauses? |
---|---|---|---|---|---|
Afghanistan
|
President | Legislature | No | 2/3 | Yes |
Albania | Legislature (1/5) | Legislature | Yes | 2/3 + >50% | No |
Algeria | President | Both houses of legislature + referendum (or Constitutional council + both houses of legislature) | >50% (or 3/4) | Yes | |
Andorra | Monarch | Legislature | Yes | 2/3 + >50% | No |
Legislature (1/3) | |||||
Angola | President | Legislature | 2/3 | Yes | |
Legislature (1/3) | |||||
Antigua and Barbuda | Both houses of legislature | Yes | 2/3 (>50% in upper house) + 2/3 | No | |
Argentina | Legislature (2/3) | Constitutional convention | No | 2/3 | No |
Armenia | 1/3 of Parliament, the Government, or 200,000 voters for certain amendments; 1/4 of Parliament, the Government, or 150,000 voters for others. Additional 300,000 voters overrides need for Parliament. | Legislature | Sometimes | 2/3 (+ >50%). | Yes |
Australia | Legislature (1 member) | Both houses of legislature | Yes | >50% (absolute) in legislature + >50% (simple) nationally and in 4 of the 6 states and in any state where certain rights of that state are affected | No |
Austria | Lower house (+ upper house in certain cases) | Sometimes (fundamental changes) | 2/3 + (2/3) | No | |
Bahrain | Legislature (15 members) | Both houses of legislature (or joint session) | Yes | 2/3 (or 2/3) | Yes |
Bangladesh | Legislature | Yes | 2/3 | Yes | |
Belgium | Legislature (either house) | Legislature (before and after an election) | No | 2/3 | Yes (during a regency) |
Brazil | President | Both houses of legislature | No | 3/5 | Yes |
Legislature (1/3 of either house) | |||||
Sub-national legislature (>50%) | |||||
Bulgaria | President | Legislature (or constitutional convention for certain amendments) | 3/4 or 2/3 in two sittings (2/3 for constitutional convention) | No | |
Legislature (1/4) | 2/3 | ||||
Cambodia | Monarch | Legislature | No | 2/3 | Yes |
Prime Minister | |||||
Legislature (1/4) | |||||
Canada | Both houses of legislature + 2/3 of provincial legislatures representing majority of population | No | >50% + >50% | No | |
Chile | Legislature or President
|
Both houses of legislature | No | 4/7 | No |
China, People's Republic of | Legislature (Standing Committee) | Legislature | No | 2/3 | No |
Legislature (1/5) | |||||
China, Republic of | Legislature (1/4) | Legislature | Yes | 3/4 + >50% of total electorate | No |
Czech Republic | Both houses of legislature | No | 3/5 | Yes | |
Denmark | Legislature (before and after an election) | Yes | >50% + >50% (representing >40% of electorate) | No | |
Djibouti | President
|
Legislature (or legislature + referendum) | Yes | 2/3 (or >50% + >50%) | Yes |
Legislature (1/3) | |||||
Ecuador | President | Legislature (or Legislature + referendum) | 2/3 (or >50% + >50% | Yes | |
Legislature (1/3) | |||||
Electorate (1%) | |||||
Estonia | President | Legislature with or without an election (or referendum) | >50% + 3/5 after an election or 4/5 without an election (or >50%) | No | |
Legislature (1/5) | |||||
Ethiopia | Legislature (2/3 of either house) | Legislature in joint session + sub-national legislatures (or each house of legislature + sub-national legislature for certain sections) | 2/3 + 2/3 (or 2/3 + 100%) | No | |
Sub-national legislatures (1/3) | |||||
Egypt | President | Lower house | Yes | 2/3 + >50% | Yes |
Legislature (1/5 of lower house) | |||||
Fiji | Legislature | Yes | 3/4 + 3/4 | Yes | |
Finland | Government | Legislature before and after an election (or a proposal can be declared by 5/6 as "urgent" and can then be passed without an election) | No | >50% + 2/3 (or 5/6 + 2/3) | No |
Legislature (1 member) | |||||
France | President | Both houses of legislature (or legislature in joint session) | Yes | >50% + >50% (or 3/5) | No |
Legislature (any legislator) | |||||
Gabon | President | Both houses of legislature + joint session (or referendum) | Sometimes | >50% + 2/3 (or >50%) | Yes |
Government | |||||
Legislature (1/3 of either house) | |||||
Germany | Both houses of legislature | 2/3 | Yes | ||
Greece | Legislature (50 legislators) | Legislature before and after an election | 3/5 + >50% or >50% + 3/5 | Yes | |
Haiti | Executive | Both houses of legislature + joint session after an election | 2/3 + 2/3 | Yes | |
Legislature (Either house) | |||||
Honduras | Legislature | 2/3 | Yes | ||
Hungary | President | Legislature | 2/3 | No | |
Government | |||||
Legislature (1/5) | |||||
Iceland | Legislature before and after an election | Sometimes
(referendum if on status of the Church) |
>50% (+ >50%) | No | |
India | Both houses of legislature (+ sub-national legislatures in some cases) | 2/3 (+ 50%) | No | ||
Indonesia | Legislature (1/3) | Joint session of legislature | >50%+1 | Yes | |
Ireland | Both houses of legislature | Yes | >50% + >50% | No | |
Italy | Both houses of legislature (or both houses of legislature + referendum) | Sometimes | 2/3 (or >50% + >50%) | Yes | |
Japan | Legislature (2/3) | Both houses of legislature | Yes | 2/3 + >50% | No |
Jordan | Both houses of legislature | 2/3 | Yes | ||
Kazakhstan | President | Both houses of legislature (or referendum) | 3/4 + >50% representing voters in 2/3 of the oblasts, major cities and the capital. | Yes | |
Korea, Democratic People's Republic of | Legislature | 2/3 | No | ||
Laos | Legislature | 2/3 | No | ||
Libya | Legislature | 2/3 | No | ||
Madagascar | President
|
Both houses of legislature | Yes | 3/4 + >50% | Yes |
Legislature (2/3) | |||||
Malawi | Legislature (or referendum) | 2/3 (or >50%) | No | ||
Mexico | Legislature + sub-national legislatures | 2/3 + >50% | No | ||
Namibia | Both houses of legislature (or lower house + referendum) | 2/3 (or 2/3 + 2/3) | Yes | ||
The Netherlands | Legislature (lower house) | Both houses of legislature (before and after election) | 50% before election, 2/3 after | No | |
North Macedonia | President | Legislature | 2/3 | No | |
Government
| |||||
Legislature (30 legislators) | |||||
Electorate (150,000 citizens) | |||||
Pakistan | Legislature (either house) | Both houses of legislature | 2/3 | No | |
Palau | Legislature (3/4 of both houses) | Referendum | Yes | >50% in 3/4 of states | No |
Electorate (25%) | |||||
Palestine | Legislature | 2/3 | No | ||
Philippines | Legislature (2/3) | Either of legislature or referendum. | >50% | No | |
Constitutional convention | |||||
Electorate (12% of voters representing at least 3% of every electoral district) | |||||
Poland | President | Both houses of legislature | Sometimes (certain amendments) | 2/3 in lower house and >50% in upper house (+ >50%) | No |
Legislature (1/5) | |||||
Portugal | Legislature (Any legislator) | Legislature | 2/3 | Yes | |
Qatar | Monarch | Legislature | 2/3 | Yes | |
Legislature (1/3) | |||||
Romania | President | Both houses of legislature (or joint session) | Yes | 2/3 (or 3/4) + >50% | Yes |
Legislature (1/4 in either house) | |||||
Electorate (500,000 voters) | |||||
Russia | President | Sub-national legislatures (or, in some cases, legislature in joint session + constitutional convention or referendum) | 2/3 (or 3/5 + 2/3 or >50%) | No | |
Government | |||||
Legislature (1/5 in either house) | |||||
Sub-national legislatures | |||||
Samoa | Legislature | 2/3 | |||
Sao Tome and Principe | Legislature (Any legislator) | Legislature | 2/3 | Yes | |
Senegal | President | Legislature (or referendum) | 3/5 (or >50%) | Yes | |
Legislature | |||||
Serbia | President | Legislature | Sometimes | 2/3 (+ >50%) | No |
Government | |||||
Legislature (1/3) | |||||
Electorate (150,000 voters) | |||||
Seychelles | Legislature + referendum | Yes | 2/3 + >60% | No | |
Sierra Leone | Legislature | Sometimes | 2/3 + 2/3 representing >50% of electorate | No | |
Singapore | Legislature | 2/3 | No | ||
Slovakia | Legislature | 3/5 | No | ||
Slovenia | Government | Legislature | Sometimes (referendum if demanded by 30 legislators) | 2/3 (+ >50% out of >50% of electorate) | No |
Legislature (20 legislators)
| |||||
Electorate (20,000 voters) | |||||
Solomon Islands | Legislature | 2/3 (3/4 in certain cases) | No | ||
Somalia | Government | Both houses of legislature | 2/3 | Yes | |
Government (members) | |||||
Legislature (Any legislator) | |||||
Electorate (40,000 citizens) | |||||
Spain | Government | Both houses of legislature | Sometimes
(referendum if demanded by 10% of either house of legislature) |
3/5 (or >50% of upper house + 2/3 of lower house) | Yes |
Legislature (Any legislator) | |||||
Sweden | Legislature before and after an election | Sometimes
(referendum if demanded by 1/3 of legislature) |
>50% + >50% | No | |
Tajikistan | President | Referendum | Yes | >50% | Yes |
Legislature (2/3) | |||||
Tunisia | President | Legislature | Yes | 2/3 + >50% | Yes |
Legislature (1/3) | |||||
Turkey | Legislature (1/3) | Legislature | Yes | 3/5 + >50% | Yes |
Turkmenistan | Legislature (or referendum) | 2/3 (or >50%) | Yes | ||
Tuvalu | Legislature | 2/3 | No | ||
Uganda | Legislature | Yes | 2/3 + >50% | No | |
Ukraine | President | Legislature before an election + after an election | Sometimes | >50% + 2/3 (+ >50%) | Yes |
Legislature (1/3) | |||||
United Arab Emirates | Legislature | Legislature | 2/3 | No | |
United Kingdom | Legislature (Any legislator) | Legislature | No | Majority votes in House of Commons and House of Lords (or Commons only if Parliament Act invoked) with the consent of the monarch | No |
United States | Legislature (2/3 of both houses) | State legislatures or constitutional conventions | 3/4 | Yes | |
Sub-national legislature (2/3) | |||||
Uzbekistan | Both houses of legislature in joint session (or referendum) | 2/3 (or >50%) | No | ||
Vanuatu | Prime Minister | Legislature | 2/3 | No | |
Legislature (Any legislator) | |||||
Venezuela | President | Legislature | Yes | >50% + >50% | No |
Legislature (39%) | |||||
Electorate (15% of voters) | |||||
Vietnam | President | Legislature | 2/3 | No | |
Legislature (Standing Committee)
| |||||
Legislature (2/3)
| |||||
Yemen | Prime Minister | Legislature | Sometimes | 2/3 (+ >50%) | No |
Legislature (1/3 of lower house) | |||||
Zambia | Legislature | Yes | 2/3 + >50% of total electorate | No | |
Zimbabwe | Both houses of legislature | Sometimes | 2/3 (+ >50%) | No |
Africa
Ethiopia
The
South Africa
The
At least 30 days before a constitutional amendment bill is introduced in the National Assembly, the person or committee introducing the amendment must publish it for public comment, submit it to the provincial legislatures, and, if it does not have to be passed by the National Council of Provinces (NCOP), submit it to the NCOP for debate. When the bill is introduced, the comments received must be tabled in the National Assembly, and in the NCOP when appropriate.[4]
All amendments must be passed by an
Once an Act is passed by the National Assembly, and by the NCOP if necessary, it must be signed and assented to by the President. As with any other Act of Parliament, by default an amendment comes into effect when it is published in the Government Gazette, but the text of the amendment may specify some other date of commencement, or allow the President to specify one by notice in the Gazette.[5]
Americas
Brazil
The Constitution of Brazil states various terms on how it can be amended. Article 60 lies within "Section VIII: The Legislative Process, Subsection 2: Amendments to the Constitution". The following is detailed therein:
Constitutional amendments may be proposed by:
- I. at least one-third of the members of the Chamber of Deputies or the Federal Senate;
- II. the President of the Republic;
- III. more than one-half of the Legislative Assemblies of units of the Federation, each manifesting its decision by a simple majority of its members.
§1°. The Constitution cannot be amended during a federal intervention, state of defence or stage of siege.
§2°. A proposed amendment shall be debated and voted on in each Chamber of the National Congress, in two rounds, and shall be considered approved if it obtains three-fifths of the votes of the respective members in both rounds.
§3°. A Constitutional amendment shall be promulgated by the Executive Committees of the Chamber of Deputies and Federal Senate, taking the next sequential number.
§4°. No proposed constitutional amendment shall be considered that is aimed at abolishing the following:
- I. the federalist form of the National Government;
- II. direct, secret, universal and periodic suffrage;
- III. separation of powers;
- IV. individual rights and guarantees.
§5°. The subject of a defeated or prejudiced proposed Constitutional amendment may not be made the subject of another proposed amendment in the same legislative session.
Article 60 is the only article prescribed under Subsection 2 of Section 8 in the Brazilian constitution.
United States
Federal constitution
Amendment proposals may be adopted and sent to the states for ratification by either:
- A two-thirds (supermajority) vote of members present—if a quorum exists—in both the Senate and the House of Representatives of the United States Congress; or
- A majority vote of state delegations at a national convention called by Congress at the request of the legislatures of at least two-thirds (at present 34) of the states. (This method has never been used.)
All 33 amendment proposals that have been sent to the states for ratification since the establishment of the Constitution have come into being via the Congress. State legislatures have however, at various times, used their power to apply for a national convention in order to pressure Congress into proposing a desired amendment. For example, the movement to amend the Constitution to provide for the direct election of
To become an operative part of the Constitution, an amendment, whether proposed by Congress or a national constitutional convention, must be ratified by either:
- The legislatures of three-fourths (at present 38) of the states; or
- State ratifying conventions in three-fourths (at present 38) of the states.
Congress has specified the state legislature ratification method for all but one amendment. The ratifying convention method was used for the Twenty-first Amendment, which became part of the Constitution in 1933.
Since the turn of the 20th century, amendment proposals sent to the states for ratification have generally contained a seven-year ratification deadline, either in the body of the amendment or in the resolving clause of the joint resolution proposing it. The Constitution does not expressly provide for a deadline on the state legislatures' or state ratifying conventions' consideration of proposed amendments. In Dillon v. Gloss (1921), the Supreme Court affirmed that Congress—if it so desires—could provide a deadline for ratification. An amendment with an attached deadline that is not ratified by the required number of states within the set time period is considered inoperative and rendered moot.[6]
A proposed amendment becomes an official Article of the Constitution immediately once it is ratified by three-fourths of the States.
State constitutions
State constitutions in the U.S. are amended on a regular basis.[8] In 19 states, the state constitutions have been amended at least 100 times.[8]
Amendments are often necessary because of the length of state constitutions, which are, on average, three times longer than the federal constitution, and because state constitutions typically contain extensive detail.[8] In addition, state constitutions are often easier to amend than the federal constitution.[8]
Individual states differ in the difficulty of constitutional amendments.[9] Some states allow for initiating the amendment process through the action of the state legislature or by popular initiative.[9]
California
There are three methods for proposing an amendment to the
With the legislative method, a proposed amendment must be approved by an absolute supermajority of two-thirds of the membership of each house.
With the convention method, the legislature may, by a two-thirds absolute supermajority, submit to the voters at a general election the question whether to call a convention to revise the Constitution. If the majority of the voters vote yes on that question, within six months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable. The constitution does not provide any rules for the operation of the constitutional convention.
With the initiative method, an amendment is proposed by a petition signed by voters equal in number to 8% of the votes for all candidates for governor at the last gubernatorial election. The proposed amendment is then submitted to the voters at a general or special election.
New York
There are two methods of proposing amendments to the
With the legislative method, an amendment proposal must be published for three months, then approved by an
With the convention method, a constitutional convention must be convened by a majority vote of voters in a general election (referendum) on the question.
Tennessee
There are two methods for proposing amendments to the
With the legislative method, the
With the convention method, the legislature can put on any ballot the question of whether to call a
Texas
The only method for proposing an amendment to the
A proposed amendment must be approved by an absolute supermajority of two-thirds of the elected membership of each house of the legislature. It is submitted to the voters in an election specified by the legislature. The wording of an explanatory statement that will appear on the ballot must be approved by the Texas Attorney General and printed in newspapers. The full text of the amendment must be posted by all county clerks for 30 days before the election.
Washington
The only method for proposing an amendment to the
Asia and Oceania
Australia
The procedure for amending the
Following this, Australians then vote on the proposal. For a referendum to succeed both of the following must be achieved
- A majority of states (New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania) must agree to the proposal.
- A majority of the combined votes of all of Australia must agree to the proposal.
The double majority is a major factor in why since 1906 out of 44 referendums only 8 have been successful.[citation needed]
China
In the Communist-ruled People's Republic of China, the Constitution of the People's Republic of China states how to be amended under Article 64 of "Chapter III: The Structure of the State". It says the following:
Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by a majority vote of more than two-thirds of all the deputies to the Congress.
India
The Indian constitution can be amended in 3 ways:
- By Simple Majority of the Parliament
- This method is used to amend those parts of the constitution outside the purview of Article 368 of the constitution.
- It is used in amending the following provisions:
- Formation of new states, alteration of boundaries of states, changing names of states and alteration of areas of states
- Creation/Abolition of Legislative Councils in states
- Changing salaries and allowances of judges of Supreme Court and High Court
- Laws regarding citizenship
- Through procedure mentioned in Article 368 of the Constitution
- This again is done in 2 ways -
- By Special Majority of the Parliament
- Special majority implies :
- A majority of the 'total membership' of the Parliament (i.e., each houses separately) and
- A majority of 2/3rd of members present and voting
- Special majority implies :
- By Special Majority of the Parliament and consent of states
- This requires
- Special majority in each house of the Parliament and
- Consent of half of the state legislatures
- This method is used for amending those provisions affecting states' interests. e.g.: Representation of states in Parliament, distribution of legislative powers between the union and states etc.
- This requires
- By Special Majority of the Parliament
- This again is done in 2 ways -
Since its commencement in 1950, Indian constitution has been amended 105 times, as of August 2021.[12] Supreme Court in Kesavananda Bharati Case held that parliament's power to amend is not unlimited, and it can not amend the basic structure of the constitution.[13] The 'basic structure' includes the supremacy of the Constitution, the rule of law, Independence of the judiciary, doctrine of separation of powers, federalism, secularism, sovereign democratic republic, the parliamentary system of government, the principle of free and fair elections, welfare state, etc.[13]
Indonesia
The Constitution of Indonesia states that it can be amended corresponding to Article 37 of "Chapter XVI: Constitutional Amendments" within the document. Proposal to amend the constitution must submitted by one-thirds members of the People's Consultative Assembly. Two-thirds of the members of the People's Consultative Assembly must be present: any proposed amendment requires a simple majority of the entire People's Consultative Assembly membership. The form of the unitary state cannot be changed.
Japan
The Constitution of Japan states that it can be amended corresponding to Article 96 of "Chapter IX: Amendments" within the document. It says the following:
Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.
Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.
Japan has used this Constitution since Saturday, 3 May 1947. It was adopted and implemented as the most quintessential doctrine of Japanese governance following the
Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.
Even though these two paragraphs are not expressly protected by an eternity clause, many Japanese people argue that it needs to be interpreted as being irrevocable due to the significant and precise nature of the article.
Philippines
Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a
Taiwan
Article 174 of the Constitution of the Republic of China is codified with the law:
Amendments to the Constitution shall be made in accordance with one of the following procedures:
1. Upon the proposal of one-fifth of the total number of the delegates to the National Assembly and by a resolution of three-fourths of the delegates present at a meeting having a quorum of two-thirds of the entire Assembly, the Constitution may be amended.
2. Upon the proposal of one-fourth of the Members of the Legislative Yuan and by a resolution of three-fourths of the Members present at a meeting having a quorum of three-fourths of the Members of the Yuan, an amendment may be drawn up and submitted to the National Assembly by way of referendum. Such a proposed amendment to the Constitution shall be publicly published half a year before the National Assembly convenes.
This was changed beginning in the 1990s and Article 12 of the constitutional amendments must be approved by Taiwan's parliament and referendums voted by the citizens residing in the ROC free area.
Turkey
The Constitution of Turkey details, through Provisional Article 175 under "I. Amending the Constitution, participation in elections and referenda" of "Part Seven: Final Provisions"
Amendment to the Constitution shall be proposed in writing by at least one-third of the total number of members of the Grand National Assembly of Turkey. Bills to amend the Constitution shall be debated twice in the Plenary. The adoption of a bill for an amendment shall require a three-fifths majority of the total number of members of the Assembly by secret ballot.
The consideration and adoption of bills for the amendments to the Constitution shall be subject to the provisions governing the consideration and adoption of laws, with the exception of the conditions set forth in this Article.
The President of the Republic may send back the laws on the amendments to the Constitution to the Grand National Assembly of Turkey for reconsideration. If the Assembly readopts, by a two-thirds majority of the total number of members, the law sent back by the President of the Republic without any amendment, the President of the Republic may submit the law to referendum.
If a law on the amendment to the Constitution is adopted by a three-fifths or less than two-thirds majority of the total number of members of the Assembly and is not sent back by the President of the Republic to the Assembly for reconsideration, it shall be published in the Official Gazette and be submitted to referendum.
A law on the Constitutional amendment adopted by a two- thirds majority of the total number of members of the Grand National Assembly of Turkey directly or upon the sending back of the law by the President of the Republic or its articles deemed necessary may be submitted to a referendum by the President of the Republic. A law on the amendment to the Constitution or the related articles that are not submitted to referendum shall be published in the Official Gazette.
Entry into force of the laws on the amendment to the Constitution submitted to referendum shall require the affirmative vote of more than half of the valid votes cast.
The Grand National Assembly of Turkey, in adopting the law on the Constitutional amendment shall also decide on which provisions shall be submitted to referendum together and which shall be submitted individually, in case the law is submitted to referendum.
Every measure including fines shall be taken by law to secure participation in referenda, general elections, by-elections and local elections.
The Turkish constitution was adopted and implemented in 1982. As of July 2018[update], it had been amended 21 times. Every amendment which has been approved into the document was passed by the people through a
Europe
European Union
The
- Ordinary revision: this relates to key changes in relation to the competences of the EU and requires the convening of an intergovernmental conference to adopt proposals for amendments by consensus. All EU countries have to ratify the treaty amendments for them to enter into force.
- Simplified revision: where the proposed amendments relate to the EU's policies and its internal actions, the European Council unanimously adopts a decision on the amendments having consulted the commission, the Parliament and the European Central Bank (if the amendment concerns monetary matters). The new treaty provisions only enter into force following their ratification by all EU countries according to their own constitutional procedures.
Albania
The Constitution of Albania states its terms for being amending under Article 177 within "Part 17: Amending The Constitution".
1. An initiative for amending the Constitution may be taken by not less than one-fifth of the members of the Assembly.
2. No amendment to the Constitution may take place when extraordinary measures are in effect.
3. A proposed amendment is approved by not less than two-thirds of all members of the Assembly.
4. The Assembly may decide, by two-thirds of all its members, that the proposed constitutional amendments be voted on in a referendum. The proposed constitutional amendment becomes effective after ratification by referendum, which takes place not later than 60 days after its approval by the Assembly.
5. An approved constitutional amendment is submitted to referendum when one-fifth of the members of the Assembly request it.
6. The President of the Republic cannot return for re-consideration a constitutional amendment approved by the Assembly.
7. An amendment approved by referendum is promulgated by the President of the Republic and becomes effective on the date provided for in it.
8. An amendment of the Constitution cannot be made unless a year has passed since the rejection by the Assembly of a proposed amendment on the same issue or three years have passed from its rejection by referendum.
Article 177 is the only article under this part of the Albanian constitution.
Austria
The
A majority of two-thirds in the
If a constitutional amendment limits the powers of the states, a two-thirds majority in the
Belgium
The
Following this declaration, the Federal Parliament is automatically dissolved and a new federal election must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two-thirds of its members are present and the Constitution can only be amended if at least two-thirds of the votes cast are in favour of the amendment.
Bosnia and Herzegovina
In the Article X, defining the amendment procedure, the Constitution of Bosnia and Herzegovina states that it can be amended by a decision of the Parliamentary Assembly, including a two-thirds majority of those present and voting in the House of Representatives. The Constitution does not say who has the right, and under what rules, to present the amendments to the Parliamentary Assembly. Also, in the paragraph 2 of the Article X, the Constitution states that the rights and freedoms, as seen in the Article II, cannot be derogated, as well as the paragraph 2 itself.
The Constitution of Bosnia and Herzegovina was amended once, in 2009, to include the outcome of the
Bulgaria
Under the current Constitution of Bulgaria (1991), there are two procedures for amendment, depending on the part of the constitution to be amended:[17]
- Normal amendment procedure (Articles 153–156): the Parliamentcan amend the Constitution for minor issues with a three-quarters majority, or two-thirds majority upon reintroduction in parliament after two months. This shall be done in three successive readings.
- Special amendment procedure (Articles 157–163): this procedure is the only way to revise the international borders of Bulgaria; change the form of government in the country; change the form in which the first-past-the-postmethod. Then the amendments to the Constitution are passed by two-thirds majority in three successive readings.
Czech Republic
Passage of a constitutional act in the Czech Republic can only be accomplished through the agreement of three-fifths of all Deputies and Senators present at the time the proposed act is laid before each house of Parliament.[18] It is the only type of legislation that does not require the signature of the President to become law.[19] Furthermore, it is the only type of legislation the President cannot veto.[20]
Denmark
The Constitution of Denmark provides an example of multiple special procedures that must be followed. After an amendment has been approved by parliament, a general election must be held; the new parliament must then approve the amendment again before it is finally submitted to a referendum. There is also a requirement that at least forty percent of eligible voters must vote at the referendum in order for an amendment to be validly passed.
Estonia
The Constitution of Estonia can only be modified by three-fifths majority in two successive complements of Parliament, and a referendum for certain chapters.[21]
Finland
Amendments or revisions to the Constitution of Finland (including replacement) can be proposed by the Government or by any member of Parliament. These must first be approved by a majority of Parliament, and then after a parliamentary election by a two-thirds supermajority.
A proposal can be declared by a five-sixths supermajority of Parliament as “urgent,” after this it can be approved by two-thirds immediately – without an election. This second procedure is also used for emergency laws that temporarily deviate the Constitution.[22]
France
Amendments to the Constitution of France must first be passed by both houses with identical terms, and then need approval either by a simple majority in a referendum or by a three-fifths majority of the two houses of the French parliament jointly convened in Congress.
Germany
The
This Basic Law may be amended only by a law expressly amending or supplementing its text. In the case of an international treaty regarding a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defense of the Federal Republic, it shall be sufficient, for the purpose of making clear that the provisions of this Basic Law do not preclude the conclusion and entry into force of the treaty, to add language to the Basic Law that merely makes this clarification.
Any such law shall be carried by two thirds of the Members of the Bundestag and two thirds of the votes of the Bundesrat.
Amendments to this Basic Law affecting the division of the Federation into Länder, their participation on principle in the legislative process, or the principles laid down in Articles 1 and 20 shall be inadmissible.
The third paragraph was made by its framers to protect the country against a future totalitarian regime such as that of
Greece
The Constitution of Greece is amendable through the terms which mentioned under Article 110 beneath "Section II: Revision of the Constitution" of "Part Four: Special, Final, and Transitional Provisions".
Ireland
The
Italy
Article 138 of the Constitution provides for the special procedure through which the
The constitutional law needs to be approved by at least a majority of MPs in each house (absolute majority) in its second reading. Depending on the results of this second vote, the constitutional law may then follow two different paths.
- If the bill is approved by a qualified majority of two-thirds of members in each house, it can be immediately promulgated by the President of the Republic and become law.
- If the bill is approved by a majority of members in each house, but not enough to reach the qualified majority of two-thirds, it does not immediately become law. Instead, it must be first be published in the Official Gazette (the official journal where all Italian laws are published). Within three months after its publication, a constitutional referendum may be requested by either 500,000 voters, five regional councils, or one-fifth of the members of a house of parliament. If no constitutional referendum has been requested after the three months have elapsed, the bill can be promulgated and becomes law. If a constitutional referendum is requested, in order to become law the bill must be approved by a majority of votes cast by the whole electorate. No quorum is required, meaning that the referendum turnout has no effect on its validity (unlike in other forms of referendums in Italy).
The form of republic may not be revised (art. 139 of the Constitution).
Only four constitutional referendums have ever been held in Italy: in
The Netherlands
To change the Constitution of the Netherlands the legislature must pass a law by simple majority proposing to change the constitution (voorstelwet, lit. proposed law). The lower house must then be dissolved and after elections the proposal is considered again. To actually change the constitution the change must be passed by 2/3 majority in both houses of parliament.
Poland
The Constitution of Poland says the following under Article 235 of "Chapter XII: Amending the Constitution" within it:
1. A bill to amend the Constitution may be submitted by the following: at least one-fifth of the statutory number of Deputies; the Senate; or the President of the Republic.
2. Amendments to the Constitution shall be made by means of a statute adopted by the Sejm and, thereafter, adopted in the same wording by the Senate within a period of 60 days.
3. The first reading of a bill to amend the Constitution may take place no sooner than 30 days after the submission of the bill to the Sejm.
4. A bill to amend the Constitution shall be adopted by the Sejm by a majority of at least two-thirds of votes in the presence of at least half of the statutory number of Deputies, and by the Senate by an absolute majority of votes in the presence of at least half of the statutory number of Senators.
5. The adoption by the Sejm of a bill amending the provisions of Chapters I, II or XII of the Constitution shall take place no sooner than 60 days after the first reading of the bill.
6. If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.
7. After conclusion of the procedures specified in paras 4 and 6 above, the Marshal of the Sejm shall submit the adopted statute to the President of the Republic for signature. The President of the Republic shall sign the statute within 21 days of its submission and order its promulgation in the Journal of Laws of the Republic of Poland (Dziennik Ustaw).
Portugal
The Constitution is amendable through the terms prescribed under "Title II: Revision of the Constitution" of "Part IX: Guaranteeing and Revision of the Constitution" between Articles 284 and 289.
Romania
The Constitution of Romania mentions and outlines the terms by which it can be amended in "Article 150: Amendment Initiative", "Article 151: Amendment Procedure", and "Article 152: Limits to Constitutional Amendments". All three articles are written under "Title VII: Amendment of the Constitution" of the document.
Russia
The
Serbia
The
Spain
The Constitution of Spain can be amended through the procedures detailed between Articles 166 to 169 under "Part X: Constitutional Amendment" of the document. Additional details are provided between Sections 71 to 76 within the document as well.
Sweden
The Swedish Constitution consists of four fundamental laws: the Instrument of Government, the Act of Succession, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression.
The Instrument of Government, under "Chapter 8. Acts of law and other provisions", articles 14 to 17, states that in order to amend the fundamental laws, the Riksdag must take two identical decisions, and that these decisions must be separated by a general election. At least nine months shall elapse between the first submission of the amendment proposal and the date of the election, unless an exception is granted by the Committee on the Constitution with a majority of five sixths of its members.
One third of members of the Riksdag can also call for a binding referendum on a draft constitutional measure which already passed the first vote.
United Kingdom
In the United Kingdom, devoid of a written constitution and exercising pure parliamentary sovereignty, the final authority on all quasi-constitutional matters is ultimately the parliament itself (the legislature), by a simple majority. This means that when the legislature wishes to make changes to constitutional matters (i.e. relating to the machinery of government), there can be no entrenchment clause or special procedure which can stand in its way. Although consideration must be given to the Human Rights Act which supersedes all legislation, the act can itself be abolished or amended by a simple majority of Parliament. Despite clauses such as those in the Scotland Act 2016, which proclaims that Scotland's devolved government cannot be abolished except by a referendum, legal commentators[who?] have noted that the Parliament of the United Kingdom may set aside such a requirement by a simple majority. Such purported entrenchment clauses are thus little more than expressions of hope and sentiment on the part of a parliament.
A similar situation can be found in the Fixed-term Parliaments Act 2011, which purports to restrict the ability of a Prime Minister on a whim to dissolve Parliament and hold a general election, as was formerly the case; in 2019, this requirement was annulled by simple majority through the passing of the Early Parliamentary General Election Act 2019, allowing a snap election to be held. This power of Parliament may be seen by some[who?] as a weakness of entrenchment clauses in the British system, but others contend it represents an unbridled democratic power of the electorate to effect rapid and dramatic change. Thus in the British system no parliament can bind its successor, it cannot pass an effective entrenchment clause seeking to tie the hand of future governments.
Inadmissible amendments
Some constitutions use entrenched clauses to restrict the kind of amendment to which they may be subject. This is usually to protect characteristics of the state considered sacrosanct, such as the democratic form of government or the protection of human rights. Amendments are often totally forbidden during a state of emergency or martial law.
- Under Hitlerused formally legal constitutional law to de facto abolish the constitution.
- Article 139 of the Constitution of Italy states that "the republican form cannot be subject to constitutional revision".
- Article 4 of the Constitution of Turkey states that the "provision of Article 1 of the Constitution establishing the form of the state as a Republic, the provisions in Article 2 on the characteristics of the Republic, and the provision of Article 3 shall not be amended, nor shall their amendment be proposed".
- Article Five of the United States Constitution, ratified in 1788, prohibited any amendments before 1808 which would affect the foreign slave trade, the tax on the slave trade, or the direct taxation provisions of the constitution. The foreign slave trade was outlawed by an act of Congress rather than by a constitutional amendment shortly after this clause expired in 1808. Also, any amendment affecting the equal representation of states in the Senate must be approved by every State. If the Corwin Amendment had passed, any future amendment to the Constitution "interfering with the domestic institutions of the state" (e.g., slavery) would have been banned.
- Chapter 6, Article 120, section c of the bicameralsystem and the principles of freedom and equality established in this Constitution".
- Article 121 of the Constitution of Norway provides that amendments must not "contradict the principles embodied in this Constitution, but solely relate to modifications of particular provisions which do not alter the spirit of the Constitution".
- Section 284 of Article 18 of the Alabama State Constitutionstates that legislative representation is based on population: any amendments are precluded from changing that.
- Part 4, Section, Article 288 of the Constitution of Portugal contains a list of 15 items that amendments "must respect".
- The Supreme Court of India in the Kesavananda Bharati case held that no constitutional amendment can destroy the basic structure of the Constitution of India.
- Article 60 of the current 1988 .
- Article 152 of the Constitution of Romania on the "limits of revision" prohibits amendments regarding the independence and territorial integrity of Romania, the independence of justice, the republican form of government, political pluralism, and the official language. It also forbids amendments which restrict civil rights and liberties.[24]
- Under Article 175 of the Constitution of Morocco as promulgated after a referendum in 2011, no revision may apply to the provisions concerning the Muslim religion, the monarchical form of the State, the democratic choice of the Nation or the established fundamental rights and liberties written in the present Constitution.[25] In particular no change may be brought to the articles naming Islam the state religion or to those detailing the functions of the King as Amir al-Mu'minin (Commander of the Faithful).
- Chapter XVI, Article 37(5) of the Indonesian Constitution states that the form of the unitary state cannot be changed.
See also
- Amend (motion)
- List of national constitutions
- List of proposed amendments to the United States Constitution
- Unconstitutional constitutional amendment
References
- ^ See by way of example the Twenty-first Amendment to the U.S. Constitution on the repeal of Prohibition. Section 1 of the article repeals the Eighteenth Amendment.
- ^ "Read about "Constitution amendment procedure" on Constitute". www.constituteproject.org. Retrieved 2020-05-08.
- ^ "Read about "Unamendable provisions" on Constitute". www.constituteproject.org. Retrieved 2020-05-23.
- ^ a b c Constitution of the Republic of South Africa, chp. 4, § 74.
- ^ Constitution of the Republic of South Africa, chp. 4, § 81.
- ^ a b Dillon v. Gloss, 256 U.S. 368 (1921)
- Congressional Research Service reports (97-922 GOV). Washington D.C.: Congressional Research Service, The Library of Congress. Archived from the original(PDF) on May 11, 2022. Retrieved February 23, 2019 – via University of North Texas Digital Library.
- ^ a b c d David R. Berman, State and Local Politics (7th ed.), M.E. Sharpe (2000), pp. 77-78 [1]
- ^ a b George Alan Tarr, ed. Constitutional Politics in the States, Greenwood Publishing Group (1996), pp. 40-45 [2]
- ISBN 978-1-86287-773-3.
- ^ Constitution of Australia, section 128.
- ^ "Lok Sabha passes bill to extend SC-ST quota in legislatures". India Today. December 10, 2019. Retrieved 2020-05-07.
- ^ a b "Explained: 47 years of a judgment that upheld basic structure of India's constitution". The Indian Express. 2020-04-29. Retrieved 2020-05-07.
- ^ Article XVII of the Constitution of the Philippines (1987)
- ^ "A torrent of cha-cha measures". Philippine Center for Investigative Journalism. December 1, 2008. Archived from the original on August 26, 2018. Retrieved October 25, 2018.
- ^ "Glossary of summaries - EUR-Lex".
- ^ "Bulgarian constitution - text". Archived from the original on 2010-11-28. Retrieved 2013-06-13.
- ^ Constitution of the Czech Republic, Art. 39
- ^ Constitution of the Czech Republic, Art. 50
- ^ Constitution of the Czech Republic, Art. 62
- ^ Chapter 15 of the constitution of Estonia
- ^ 73§ of the Constitution of Finland
- ^ Bin, Roverto and Pitruzella, Giovanni (2008), Diritto costituzionale, G. Giappichelli Editore, Turin, p. 322.
- ^ "Constitution of Romania". Retrieved February 6, 2013.
- ^ https://web.archive.org/web/20131102041635/http://www.sgg.gov.ma/BO/bulletin/FR/2011/BO_5964-Bis_Fr.pdf (archived version, in French)
Further reading
- "Amendment", by Peter Suber. From Philosophy of Law: An Encyclopedia, edited by Christopher Berry Gray, Garland Pub. Co., 1999, vol. I, pp. 31–32.
- The Paradox of Self-Amendment: A Study of Logic, Law, Omnipotence, and Change, by Peter Suber. Full-text of the book, now out of print. Peter Lang Publishing, 1990. For an essay-length synopsis, see "The Paradox of Self-Amendment in American Constitutional Law", Stanford Literature Review, 7, 1–2 (Spring–Fall 1990) 53–78.
- "Population Changes and Constitutional Amendments: Federalism versus Democracy", by Peter Suber. University of Michigan Journal of Law Reform, 20, 2 (Winter 1987) 409–490.
- "Unamendments", by Jason Mazzone, Iowa Law Review, Vol. 90, p. 1747–1855, 2005.
- "The Structure of Constitutional Amendment Rules", Richard Albert, "Wake Forest Law Review", Vol. 49, 2014.
- "The Expressive Function of Constitutional Amendment Rules", Richard Albert, "McGill Law Journal", Vol. 59, 2013