A constitutional amendment is a modification of the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
of a
polity
A polity is an identifiable Politics, political entity – a group of people with a collective identity, who are organized by some form of Institutionalisation, institutionalized social relation, social relations, and have a capacity to mobilize ...
,
organization
An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose.
The word is derived from ...
or other type of
entity
An entity is something that exists as itself, as a subject or as an object, actually or potentially, concretely or abstractly, physically or not. It need not be of material existence. In particular, abstractions and legal fictions are usually ...
. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (
codicil
Codicil may refer to:
* Codicil (will), subsequent change or modification of terms made and appended to an existing trust or will and testament
* A modification of terms made and appended to an existing constitution, treaty, or standard form c ...
s), thus changing the frame of government without altering the existing text of the document.
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 supermajorities in the legislature, or direct approval by the
electorate
Electorate may refer to:
* The people who are eligible to vote in an election, especially their number e.g. the term ''size of (the) electorate''
* The dominion of a Prince-elector in the Holy Roman Empire until 1806
* An electoral district
An ...
in a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
, or even a combination of two or more different special procedures. A referendum to amend the constitution may also be triggered in some jurisdictions by
popular initiative
In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...
.
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
and
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
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
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
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,
Estonia
Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, a ...
, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. This may be the case notwithstanding the fact that a special procedure is required to bring an amendment into force. Thus, for example, in Ireland and Australia although amendments are drafted in the form of
Acts of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament ...
they cannot become law until they have been approved in a referendum. By contrast, in the United States a proposed amendment originates as a special
joint resolution
In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the President for their approval or disapproval. Generally, there is no legal differ ...
of Congress that does not require the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
to sign and that the President can not
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
.
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. Thus, once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method, is for amendments to be appended to the end of the main text in the form of special ''articles of amendment'', leaving the body of the original text intact. Although the wording of the original text is not altered, the
doctrine of implied repeal The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicting ...
applies. In other words, in the event of conflict, an article of amendment will usually take precedence over the provisions of the original text, or of an earlier amendment. Nonetheless, there may still be ambiguity whether an amendment is intended to supersede or to supplement an existing article in the text.
An article of amendment may, however, explicitly express itself as having the effect of repealing a specific existing article. The use of appended articles of amendment is most famous as a feature of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, but it is also the method of amendment in a number of other jurisdictions, such as
Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
.
Under the 1919 German
Weimar Constitution
The Constitution of the German Reich (german: Die Verfassung des Deutschen Reichs), usually known as the Weimar Constitution (''Weimarer Verfassung''), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The c ...
, 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
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
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
Africa
Ethiopia
The
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
of
Ethiopia
Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the ...
can only be modified by a two-thirds majority of the country's regions, and a two-thirds majority of a joint session of the
Federal Parliamentary Assembly
The Federal Parliamentary Assembly ( am, የፌዴራል ፓርላማ ምክር ቤት, Ye-Fēdēralawī Parilama Mikir Bēt) is Ethiopia's federal legislature. It consists of two chambers:
*The House of Federation (upper chamber)
*The House ...
in accordance with Article 105. The constitution's Chapter Three (describing both Human and democratic rights) and the constitution's Articles 104 and 105 are almost unamendable since they require the total consensus of the federal regional states and two-thirds of each house of Parliament. In Ethiopia's federal experience, each regional state is equal and has the right to veto amendments to the aforementioned articles.
South Africa
The
Constitution of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Govern ...
can be amended by an
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
, but special procedures and requirements apply to the passage of constitutional amendments. A
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
amending the Constitution must be introduced in the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
, and cannot contain any provisions other than constitutional amendments and directly related matters.
Constitution of the Republic of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Govern ...
, chp. 4, § 74.
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
The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. It replaced the former Senate, but is very similar to that body, and to ma ...
(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.
All amendments must be passed by an
absolute Absolute may refer to:
Companies
* Absolute Entertainment, a video game publisher
* Absolute Radio, (formerly Virgin Radio), independent national radio station in the UK
* Absolute Software Corporation, specializes in security and data risk manage ...
two-thirds
supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
in the National Assembly (the
lower house
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
); as the Assembly has 400 members this requires 267 members to vote for the amendment. Most amendments do not have to be considered by the NCOP (the
upper house
An upper house is one of two Debate chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smalle ...
). Amendments of the
Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
, and amendments affecting the role of the NCOP, the "boundaries, powers, functions or institutions" of the
provinces
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
or provisions "dealing specifically with provincial matters" must also be passed by the NCOP with a supermajority of at least six of the nine provinces. If an amendment affects a specific province, it must also be approved by the legislature of the province concerned. Section 1, which defines South Africa as "one, sovereign, democratic state" and lists its founding values, is a specially
entrenched clause
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the ...
and can only be amended by an absolute three-quarters supermajority in the National Assembly and six of the provinces in the NCOP.
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
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
. As with any other Act of Parliament, by default an amendment comes into effect when it is published in the ''
Government Gazette
A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...
'', 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''.
Americas
Brazil
The
Constitution of Brazil
The Constitution of the Federative Republic of Brazil ( pt, Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the feder ...
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:
Article 60 is the only article prescribed under Subsection 2 of Section 8 in the Brazilian constitution.
United States
Federal constitution
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
Amendment ...
describes the process whereby the federal Constitution may be altered. Twenty-seven amendments have been added (appended as codicils) to the Constitution.
Amendment proposals may be adopted and sent to the states for ratification by either:
* A two-thirds (
supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
) vote of members present—if a
quorum
A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to ''Robert's Rules of Order Newly Revised'', the ...
exists—in both the Senate and the House of Representatives of the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
legislatures
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
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 senators began to see such proposals regularly pass the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
only to die in the Senate from the early 1890s onward. As time went by, more and more state legislatures adopted resolutions demanding that a convention be called, thus pressuring the Senate to finally relent and approve what later became the Seventeenth Amendment for fear that such a convention—if permitted to assemble—might stray to include issues above and beyond just the direct election of senators.
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
State ratifying conventions are one of the two methods established by Article V of the United States Constitution for '' ratifying'' proposed constitutional amendments. The only amendment that has been ratified through this method thus far is th ...
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
''Dillon v. Gloss'', 256 U.S. 368 (1921), was a case in which the Supreme Court of the United States held that Congress of the United States, Congress, when proposing a constitutional amendment under the authority given to it by Article Five of th ...
'' (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
Moot may refer to:
* Mootness, in American law: a point where further proceedings have lost practical significance; whereas in British law: the issue remains debatable
* Moot court, an activity in many law schools where participants take part in s ...
.
A proposed amendment becomes an official Article of the Constitution immediately once it is ratified by three-fourths of the States. The Article usually goes into force at this time too, though it may self-impose a delay before that happens, as was the case of the Eighteenth Amendment. Every ratified Amendment has been certified or proclaimed by an official of the federal government, starting with the Secretary of State, then the
Administrator of General Services
The General Services Administration (GSA) is an independent agency of the United States government established in 1949 to help manage and support the basic functioning of federal agencies. GSA supplies products and communications for U.S. gover ...
, and now the
Archivist of the United States
The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA) of the United States. The Archivist is responsible for the supervision and direction of the National Archives.
The ...
, with the Archivist currently being responsible for certification under . The certification document usually contains a list of the States that ratified the Amendment. This certification is just used by the federal government to keep an official record and archive of the Amendment for its own purposes, and doesn't actually have any legal effect on the Amendment.
State constitutions
State constitutions in the U.S. are amended on a regular basis.David R. Berman, State and Local Politics (7th ed.), M.E. Sharpe (2000), pp. 77-7 /ref> In 19 states, the state constitutions have been amended at least 100 times.
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. In addition, state constitutions are often easier to amend than the federal constitution.
Individual states differ in the difficulty of constitutional amendments.George Alan Tarr, ed. Constitutional Politics in the States, Greenwood Publishing Group (1996), pp. 40-4 /ref> Some states allow for initiating the amendment process through the action of the state legislature or by popular initiative.
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
, by constitutional convention, or by voter initiative. A proposed amendment must be approved by a majority of voters.
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
New York Constitution
The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constituti ...
. All proposed amendments must be approved by a majority of voters in a referendum.
With the legislative method, an amendment proposal must be published for three months, then approved by an
absolute majority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
of the members of each of the two houses, and approved again in a succeeding term of the houses, with an election intervening. Finally, the amendment proposal must be submitted to the people, and for ratification must be approved by a simple majority.
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
Tennessee State Constitution
The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee.
The original constitution of Tennessee came into effect on June 1, ...
: through the legislature and by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum.
With the legislative method, the
Tennessee General Assembly
The Tennessee General Assembly (TNGA) is the state legislature of the U.S. state of Tennessee. It is a part-time bicameral legislature consisting of a Senate and a House of Representatives. The Speaker of the Senate carries the additional title ...
passes a resolution calling for an amendment and stating its wording. This must pass in three separate readings on three separate days, with an
absolute majority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
on all readings. It does not require the
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
's approval. It must then be published at least six months before the next legislative election in
newspaper
A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background.
Newspapers can cover a wide variety of fields such as politics, business, sports a ...
s of wide and general circulation. (This is done by
precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
but is not required by law.) After the election, the proposed amendment must go through the same procedure (absolute majority on three separate readings). Then it is put on the ballot as a referendum in the next gubernatorial election. To be ratified it must again achieve an absolute majority of those voting in the gubernatorial election.
With the convention method, the legislature can put on any ballot the question of whether to call a constitutional convention. It must be stated whether the convention is limited or unlimited—that is, whether it can only amend the current constitution or totally abolish it and write a new one. If limited, the call must state which provisions of the current constitution are to be subject to amendment, and the subsequent convention, if approved, is limited to considering only amendments to the provisions specified in the call. The proposed amendments must then be submitted to the electorate and approved by a majority of those voting in the election. A constitutional convention cannot be held more frequently than once every six years.
= Texas
=
The only method for proposing an amendment to the
Texas State Constitution
The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas, and enumerates the basic rights of the citizens of Texas.
The current document was adopted on Feb ...
is through the legislature, either in regular or special session. The governor may call a special session, and specify the agenda for the session. To become part of the constitution, proposed amendments must be approved by a majority of voters in a referendum. Texas has had six different constitutions and the current constitution, adopted in 1876, has been amended 474 times.
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
The Texas attorney general is the chief legal officer of the 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
Washington State Constitution
The Constitution of the State of Washington is the document that describes the structure and function of the government of the U.S. State of Washington. The constitution was adopted as part of Washington Territory's path to statehood in 1889. An e ...
is through the legislature and can originate in either branch. The proposal must be approved by a two-thirds majority of the legislature. The proposed amendment is placed on the ballot at the next general election and must be approved by a majority of the voters.
Asia and Oceania
Australia
The procedure for amending the
Constitution of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutio ...
is detailed in section 128 of the Constitution. Firstly, a bill amending the Constitution must be passed by both houses of the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
by an
absolute majority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
(at least 76 of the 151 members of the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
and at least 39 of the 76 members of the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
). If one house passes the bill while the other refuses, it may attempt to pass the bill again. If the second house again refuses to pass it, the
Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
(presumably on the
advice
Advice (noun) or advise (verb) may refer to:
* Advice (opinion), an opinion or recommendation offered as a guide to action, conduct
* Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder
* Advice (p ...
of the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
) may still submit the proposed change for referendum.
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.
Constitutional recognition of Indigenous Australians
Constitutional recognition of Indigenous Australians has been campaigned for since 1910, including having an Indigenous voice to parliament enshrined in the Constitution of Australia.
1958: FCAATSI
From its formation in Adelaide in February 1958 ...
Communist
Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
-ruled
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, the
Constitution of the People's Republic of China
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fo ...
states how to be amended under Article 64 of "Chapter III: The Structure of the State". It says the following:
India
The Indian constitution can be amended in 3 ways:
# By Simple Majority of the
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
#* This method is used to amend those parts of the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
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
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
and High Court
#** Laws regarding citizenship
# Through procedure mentioned i 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 (ie., each houses separately) and
#**** A majority of 2/3rd of members present and voting
#** 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. eg: Representation of states in Parliament, distribution of legislative powers between the union and states etc.
Since its commencement in 1950, Indian constitution has been amended 105 times, as of August 2021.
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in Kesavananda Bharati Case held that parliament's power to amend is not unlimited, and it can't amend the
basic structure
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and ...
of the constitution. 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.
Indonesia
The
Constitution of Indonesia
The 1945 State Constitution of the Republic of Indonesia ( id, Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, commonly abbreviated as ''UUD 1945'' or ''UUD '45'') is the supreme law and basis for all laws of Indonesia.
The constitu ...
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
The People's Consultative Assembly of the Republic of Indonesia ( id, Majelis Permusyawaratan Rakyat Republik Indonesia, MPR-RI) is the legislative branch in Politics of Indonesia, Indonesia's political system. It is composed of the membe ...
. 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
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution r ...
states that it can be amended corresponding to Article 96 of "Chapter IX: Amendments" within the document. It says the following:
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
Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
and the Sino-Japanese war. As a result, in order to ensure that Japan would not be a source of future aggression, a special portion was written into the document in the form of " Article 9: Renunciation of War". It describes as follows:
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
People's Initiative
People's Initiative (or "PI") is a common appellative in the Philippines that refers to either a mode for constitutional amendment provided by the 1987 Philippine Constitution or to the act of pushing an initiative (national or local) allowed b ...
, a
Constituent Assembly
A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
Constitution of the Republic of China
The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the session on 25 December 1946, in Nanjing, and adopted on 25 December 1947. The constitution, ...
is codified with the law:
This was changed beginning in the 1990s and Article 12 of the
constitutional amendment
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
referendums
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
voted by the citizens residing in the ROC free area.
Turkey
The
Constitution of Turkey
The Constitution of the Republic of Turkey ( tr, Türkiye Cumhuriyeti Anayasası), also known as the Constitution of 1982, is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of ...
details, through Provisional Article 175 under "I. Amending the Constitution, participation in elections and referenda" of "Part Seven: Final Provisions"
The Turkish constitution was adopted and implemented in 1982. , it had been amended 21 times. Every amendment which has been approved into the document was passed by the people through a
constitutional referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
that occurred in 2017. This means that all twenty-one amendments were added at the same time. Due to the contents that it would exponentially extend presidential tenure as well as controversies about electoral misconduct, the referendum was intensely controversial. Global attention was drawn to it both before and after the results were finalized for the same reasons.
Europe
European Union
The
Treaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures a ...
are a set of
international treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
between
member states
A member state is a state that is a member of an international organization or of a federation or confederation.
Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign states ...
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
. Prior to the
Treaty of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...
’s entry into force in 2009, there was only one procedure for the revision of the treaties on which the EU is based: the convening of an intergovernmental conference. Since 2009, Article 48 of the
Treaty on European Union
The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU form the basis of EU law, by setting out general principles of the EU's pu ...
has laid down two procedures for the revision of the treaties.
* ''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
The present Constitution of the Republic of Albania ( sq, Kushtetuta e Republikës së Shqipërisë) was adopted by the Parliament of Albania on 21 October 1998 and certified by presidential decree on 28 November 1998, following a failed referendu ...
states its terms for being amending under Article 177 within "Part 17: Amending The Constitution".
Article 177 is the only article under this part of the Albanian constitution.
Austria
The
Constitution of Austria
The Constitution of Austria (german: Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts. Its centerpiece is the Federal Constitutional L ...
is unusually liberal in terms of constitutional amendments. Any piece of parliamentary legislation can be designated as "constitutional law", i.e., as a part of the constitution if the required supermajority and other formalities for an amendment are met. An amendment may take the form of a change of the ''
Bundes-Verfassungsgesetz
The Federal Constitutional Law (german: Bundes-Verfassungsgesetz, abbreviated ) is a federal constitutional law in Austria serving as the centerpiece of the Constitution. It establishes Austria as a democratic federal parliamentary republic.
...
'', the centerpiece of the constitution, a change to another constitutional act, a new constitutional act, or of a section of constitutional law in a non-constitutional act. Furthermore,
international treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
can be enacted as constitutional law, as happened in the case of the
European Convention of Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. Over the decades, frequent amendments and, in some cases, the intention to immunize pieces of legislation from
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
, have led to much "constitutional garbage" consisting of hundreds of constitutional provisions spread all over the legal system. This has led to calls for reform.
A majority of two-thirds in the National Council is all that is required for an amendment to take effect. Only in the case of a fundamental change (''Gesamtänderung'') of the constitution a confirmation by referendum is required. Since 1945, this has only happened once when Austria's accession to the European Union was approved by popular vote.
If a constitutional amendment limits the powers of the states, a two-thirds majority in the
Federal Council of Austria
The Federal Council (german: Bundesrat, ) is the upper house of the Austrian Parliament, representing the nine States of Austria at the federal level. As part of a bicameral legislature alongside of the National Council, it can be compared wit ...
is required as well. Depending on the matter on hand, two-thirds of the Federal Councilors present (attendance of one-half of all Councilors is required), or two-thirds of all Federal Councilors must approve. If the amendment would change articles 34 or 35, the majority of councilors of at least four of the nine states is an additional requirement.
Belgium
The
Constitution of Belgium
The Constitution of Belgium ( nl, Belgische Grondwet, french: Constitution belge, german: Verfassung Belgiens) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility f ...
can be amended by the federal legislative power, which consists of the
King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
(in practice, the
Federal Government
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
) and the
Federal Parliament
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-gen ...
. In order to amend the Constitution, the federal legislative power must declare the reasons to revise the Constitution in accordance with Article 195. This is done by means of two so-called Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, and one signed by the King and the Federal Government.
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
The Constitution of Bosnia and Herzegovina ( Bosnian, Croatian and Serbian: ''Ustav Bosne i Hercegovine'' / Устав Босне и Херцеговине) is the highest legal document of Bosnia and Herzegovina. The current Constitution is the ...
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 Brcko District final award. Several constitutional reforms were attempted between 2006 and 2014, to ensure its compliance with the case law of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
in the
Sejdić and Finci v. Bosnia and Herzegovina
''Sejdić and Finci v. Bosnia and Herzegovina'' (27996/06 and 34836/06) was a case (merged from two) decided by the Grand Chamber of the European Court of Human Rights in December 2009, in the first judgment finding a violation of Article 14 of ...
and following cases (''Zornic'', ''Pilav'') regarding ethnic- and residence-based discrimination in passive electoral rights for the
Presidency
A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified by a ...
Constitution of Bulgaria
The Constitution of the Republic of Bulgaria ( bg, Конституция на Република България, ''Konstitutsia na Republika Bǎlgariya'') is the supreme and basic law of the Republic of Bulgaria. The current constitution was ...
(1991), there are two procedures for amendment, depending on the part of the constitution to be amended:
* Normal amendment procedure (Articles 153–156): the
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
can 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
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
and
international treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
are applied in Bulgaria (Article 5) or suspend citizens' rights. When such amendment is needed, the Constitution envisages an election for
Great National Assembly Great National Assembly or Grand National Assembly may refer to:
* Great National Assembly of Alba Iulia, an assembly of Romanian delegates that declared the unification of Transylvania and Romania
* Great National Assembly (Socialist Republic of R ...
, which consists of 400 deputies, with 200 elected by
proportional vote
Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
and 200 elected by the
first-past-the-post
In a first-past-the-post electoral system (FPTP or FPP), formally called single-member plurality voting (SMP) when used in single-member districts or informally choose-one voting in contrast to ranked voting, or score voting, voters cast their ...
method. Then the amendments to the Constitution are passed by two-thirds majority in three successive readings.
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
can only be accomplished through the agreement of three-fifths of all
Deputies
A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for ex ...
and Senators present at the time the proposed act is laid before each house of
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
.
Constitution of the Czech Republic
The Constitution of the Czech Republic ( cs, link=no, Ústava České republiky) is the supreme law of the Czech Republic. The current constitution was adopted by the Czech National Council on 16 December 1992. It entered into force on 1 Januar ...
, Art. 39 It is the only type of
legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
that does not require the
signature
A signature (; from la, signare, "to sign") is a handwritten (and often stylized) depiction of someone's name, nickname, or even a simple "X" or other mark that a person writes on documents as a proof of identity and intent. The writer of a ...
of the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
to become law.Constitution of the Czech Republic, Art. 50 Furthermore, it is the only type of legislation the President cannot
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
.Constitution of the Czech Republic, Art. 62
Denmark
The
Constitution of Denmark
The Constitutional Act of the Realm of Denmark ( da, Danmarks Riges Grundlov), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution ( da, Grundloven, fo, Grundlógin, kl, Tunngaviusumik inatsit), is the c ...
provides an example of multiple special procedures that must be followed. After an amendment has been approved by parliament, a
general election
A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
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
Constitution of Estonia is the fundamental law of the Republic of Estonia and establishes the state order as that of a democratic republic where the supreme power is vested in its citizens. The first Constitution was adopted by the freely elect ...
can only be modified by three-fifths majority in two successive complements of Parliament, and a referendum for certain chapters.
Finland
Amendments or revisions to the
Constitution of Finland
The Constitution of Finland ( fi, Suomen perustuslaki or sv, Finlands grundlag) is the supreme source of national law of Finland. It defines the basis, structures and organisation of government, the relationship between the different constitutio ...
(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.
France
Amendments to the
Constitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitu ...
must first be passed by both houses with identical terms, and then need approval either by a simple majority in a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
or by a three-fifths majority of the two houses of the French parliament jointly convened in
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
.
Germany
The
Federal Republic of Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between ...
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.
The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
states its terms for amending under Article 79 of the document.
The third paragraph was made by its framers to protect the country against a future totalitarian regime such as that of
Nazi Germany
Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
. This is an example of the
eternity clause
Eternity, in common parlance, means infinite time that never ends or the quality, condition, or fact of being everlasting or eternal. Classical philosophy, however, defines eternity as what is timeless or exists outside time, whereas sempitern ...
in constitutional designing.
Greece
The
Constitution of Greece
The Constitution of Greece ( el, Σύνταγμα της Ελλάδας, Syntagma tis Elladas) was created by the Fifth Revisionary Parliament of the Hellenes in 1974, after the fall of the Greek military junta and the start of the Third Hellen ...
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
Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
can only be modified by
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
, following proposal approved by the
lower
Lower may refer to:
*Lower (surname)
*Lower Township, New Jersey
*Lower Receiver (firearms)
*Lower Wick
Lower Wick is a small hamlet located in the county of Gloucestershire, England. It is situated about five miles south west of Dursley, eight ...
houses of the Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of:
*The President of Ireland
*The two houses of the Oireachtas ( ga, Tithe an Oireachtais):
**Dáil Éireann ( ...
, amongst citizens entitled to vote for the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
. The amendment succeeds by simple majority, and no
quorum
A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to ''Robert's Rules of Order Newly Revised'', the ...
is required.
Italy
Article 138 of the Constitution provides for the special procedure through which the
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
can adopt constitutional laws (including laws to amend the
Constitution of Italy
The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, ...
). Constitutional laws start by following the ordinary legislative procedure, which requires both houses of parliament to approve the law in the same text, with a simple majority (i.e. the majority of votes cast). However, after having been approved for the first time, they need to be voted for by both houses a second time, which can happen no sooner than three months after the first. In this second reading, no new amendments to the bill may be proposed: the bill must be either approved or rejected in its entirety.
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
Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect.
After a new law ...
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
A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...
(the official journal where all Italian laws are published). Within three months after its publication, a constitutional
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
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
A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to ''Robert's Rules of Order Newly Revised'', the ...
is required, meaning that the referendum turnout has no effect on its validity (unlike in other forms of
referendums in Italy
A referendum, in the Law of Italy, Italian legal system is a request directed to the whole electorate to express their view on a determined question. It is the main instrument of direct democracy in Italy.
The Constitution of Italy only provide ...
).
The form of republic may not be revised (art. 139 of the Constitution).
Only four constitutional referendums have ever been held in Italy: in
2001
The September 11 attacks against the United States by Al-Qaeda, which Casualties of the September 11 attacks, killed 2,977 people and instigated the global war on terror, were a defining event of 2001. The United States led a Participants in ...
and
2020
2020 was heavily defined by the COVID-19 pandemic, which led to global Social impact of the COVID-19 pandemic, social and Economic impact of the COVID-19 pandemic, economic disruption, mass cancellations and postponements of events, COVID- ...
(in which the constitutional laws were approved), and in
2006
File:2006 Events Collage V1.png, From top left, clockwise: The 2006 Winter Olympics open in Turin; Twitter is founded and launched by Jack Dorsey; The Nintendo Wii is released; Montenegro 2006 Montenegrin independence referendum, votes to declare ...
and
2016
File:2016 Events Collage.png, From top left, clockwise: Bombed-out buildings in Ankara following the 2016 Turkish coup d'état attempt; the impeachment trial of Brazilian President Dilma Rousseff; Damaged houses during the 2016 Nagorno-Karabakh ...
(in which they were rejected).
The Netherlands
To change the
Constitution of the Netherlands
The Constitution for the Kingdom of the Netherlands ( nl, Grondwet voor het Koninkrijk der Nederlanden) is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the ...
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
The current Constitution of Poland was founded on 2 April 1997. Formally known as the Constitution of the Republic of Poland ( pl, Konstytucja Rzeczypospolitej Polskiej), it replaced the Small Constitution of 1992, the last amended version of ...
says the following under Article 235 of "Chapter XII: Amending the Constitution" within it:
Portugal
The
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
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
The current Constitution of Romania is the seventh permanent constitution in modern Romania's history. It is the fundamental governing document of Romania that establishes the structure of its government, the rights and obligations of citizens, ...
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
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
of
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
was created by the Russian Federation in 1993. It can be amended in correspondence with Articles 134 through 137 of "Chapter 9: Constitutional Amendments and Revision of the Constitution" under the document. In 2008, certain amendments were proposed which extended the terms of the
President of the Russian Federation
The president of the Russian Federation ( rus, Президент Российской Федерации, Prezident Rossiyskoy Federatsii) is the head of state of the Russian Federation. The president leads the executive branch of the federal ...
and
State Duma
The State Duma (russian: Госуда́рственная ду́ма, r=Gosudárstvennaja dúma), commonly abbreviated in Russian as Gosduma ( rus, Госду́ма), is the lower house of the Federal Assembly of Russia, while the upper house ...
members from four to six years and four to five years in duration respectively. These constitutional amendments are the first truly substantial amendments to the country's constitution added into the Russian constitution fifteen years prior to its adoption and implementation fifteen years earlier.
Serbia
The
Constitution of Serbia
The current Constitution of the Republic of Serbia ( sr, / ), also known as Mitrovdan Constitution ( sr, / ) was adopted in 2006, replacing the previous constitution dating from 1990. The adoption of new constitution became necessary in 2006 ...
states its terms for being amended between Articles 203 to 205 under "Part 9: Amending The Constitution" within the document. Even though the Serbian constitution can be amended, this has never happened even once ever since the document was adopted and implemented in 2006 when Montenegro declared its independence from Serbia after an
independence referendum
An independence referendum is a type of referendum in which the residents of a territory decide whether the territory should become an Independence, independent sovereign state. An independence referendum that results in a vote for independence ...
Constitution of Spain
The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was e ...
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
The Basic Laws of Sweden ( sv, Sveriges grundlagar) are the four constitutional laws of the Kingdom of Sweden that regulate the Swedish political system, acting in a similar manner to the constitutions of most countries.
These four laws are: th ...
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
The Riksdag (, ; also sv, riksdagen or ''Sveriges riksdag'' ) is the legislature and the supreme decision-making body of Sweden. Since 1971, the Riksdag has been a unicameral legislature with 349 members (), elected proportionally and se ...
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
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, devoid of a written constitution and exercising pure
parliamentary sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
, the final authority on all quasi-constitutional matters is ultimately the
parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
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
The Scotland Act 2016 (c. 11) is an act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998 and devolves further powers to Scotland. The legislation is based on recommendations given by the report of the Smit ...
, which proclaims that Scotland's devolved government cannot be abolished except by a referendum, legal commentators have noted that the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
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
The Fixed-term Parliaments Act 2011 (c. 14) (FTPA) was an Act of the Parliament of the United Kingdom that for the first time set in legislation a default fixed election date for a general election to the Westminster parliament. Since the repeal ...
, 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
The Early Parliamentary General Election Act 2019 (c. 29) was an Act of the Parliament of the United Kingdom that made legal provision for the holding of the 2019 United Kingdom general election on 12 December 2019.
The Act was fast-tracked in ...
, allowing a snap election to be held. This power of Parliament may be seen by some 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 clause
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the ...
s 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
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
. Amendments are often totally forbidden during a
state of emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
or
martial law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
human dignity
Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...
,
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
, immediate applicability of fundamental rights as law) or Article 20 (
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
,
republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
anism,
rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
, social nature of the state) is forbidden. This is in order to prevent a recurrence of events like such as the Nazi
Gleichschaltung
The Nazi term () or "coordination" was the process of Nazification by which Adolf Hitler and the Nazi Party successively established a system of totalitarian control and coordination over all aspects of German society and societies occupied b ...
, when
Hitler
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Germany from 1933 until his death in 1945. He rose to power as the leader of the Nazi Party, becoming the chancellor in 1933 and then ...
used formally legal constitutional law to ''de facto'' abolish the constitution.
* Articles 139 of the
Constitution of Italy
The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, ...
states that "the republican form cannot be subject to constitutional revision".
* Article 4 of the
Constitution of Turkey
The Constitution of the Republic of Turkey ( tr, Türkiye Cumhuriyeti Anayasası), also known as the Constitution of 1982, is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of ...
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
Article Five of the United States Constitution describes the process for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
Amendment ...
, ratified in 1788, prohibited any amendments before 1808 which would affect the foreign
slave trade
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
, 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
The Corwin Amendment was a proposed amendment to the United States Constitution that was never adopted. It would shield "domestic institutions" of the states from the federal constitutional amendment process and from abolition or interference by ...
had passed, any future amendment to the Constitution "interfering with the domestic institutions of the state" (e.g.,
slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
) would have been banned.
* Chapter 6, Article 120, section c of the
Constitution of Bahrain
Bahrain has had two constitutions in its modern history. The first one was promulgated in 1973, and the second one in 2002.
1973 Constitution
The constitution of 1973 was written shortly after Bahrain's independence from Britain in 1971. In 1972, ...
prohibits "an amendment to Article 2 tate_Religion,_Shari'a,_Official_Language.html" ;"title="Shari'a.html" ;"title="tate Religion, Shari'a">tate Religion, Shari'a, Official Language">Shari'a.html" ;"title="tate Religion, Shari'a">tate Religion, Shari'a, Official Languageof this Constitution, and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in Bahrain, as well as the bicameral system 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 Constitution states that legislative representation is based on population: any amendments are precluded from changing that.
* Part 4, Section, Article 288 of the
Constitution of Portugal
The present Constitution of Portugal was adopted in 1976 after the Carnation Revolution. It was preceded by a number of constitutions including the first one created in 1822 (following the Liberal Revolution of 1820), 1826 (drawn up by King ...
contains a list of 15 items that amendments "must respect".
* The
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
in the '' Kesavananda Bharati'' case held that no constitutional amendment can destroy the
basic structure
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and ...
of the
Constitution of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...
.
* Article 60 of the current 1988
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
of
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
forbids amendments that intend to abolish individual rights or to alter the fundamental framework of the State: the
Separation of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
and the
Federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
Republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
.
* Article 152 of the
Constitution of Romania
The current Constitution of Romania is the seventh permanent constitution in modern Romania's history. It is the fundamental governing document of Romania that establishes the structure of its government, the rights and obligations of citizens, ...
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.
* Under Article 175 of the
Constitution of Morocco
The Constitution of Morocco is the supreme law of the Kingdom of Morocco. The constitution defines Morocco as a constitutional monarchy and lays out the fundamental rights of Moroccan citizens, it also defines the basis and structures of governm ...
as promulgated after a referendum in 2011, no revision may apply to the provisions concerning the Muslim religion, the
monarchical
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy), ...
form of the State, the democratic choice of the Nation or the established fundamental rights and liberties written in the present Constitution.https://web.archive.org/web/20131102041635/http://www.sgg.gov.ma/BO/bulletin/FR/2011/BO_5964-Bis_Fr.pdf (archived version, in French) In particular no change may be brought to the articles naming Islam the
state religion
A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular state, secular, is not n ...
or to those detailing the functions of the King as
Amir al-Mu'minin
Amir al-Mu'minin ( ar, أَمِير ٱلْمُؤْمِنِين, amīr al-muʾminīn) is an Arabic title designating the supreme leader of an Islamic community. It is usually translated as "Commander of the Faithful", though sometimes also as "Prin ...
(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)
In parliamentary procedure, the motion to amend is used to modify another motion. An amendment could itself be amended. A related procedure is filling blanks in a motion.
Explanation and use
Using Robert's Rules of Order Newly Revised (RONR), al ...
*
List of national constitutions
The following is a list of national constitutions by country, semi-recognized countries, and by codification.
Codified constitutions (most recent, in use today)
A codified constitution is a constitution that is contained in a single document, w ...
*
List of proposed amendments to the United States Constitution
Hundreds of proposed amendments to the United States Constitution are introduced during each session of the United States Congress. From 1789 through January 3, 2019, approximately 11,770 measures have been proposed to amend the United States ...
*
Unconstitutional constitutional amendment
An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text ...
Venice Commission
The Venice Commission, officially European Commission for Democracy through Law, is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin ...